BALARAM CHARI DUBEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Mahendra Pratap Singh, learned counsel for the applicant, Sri Nirmal Kumar Pandey, learned A.G.A. for the State.

(2.) The instant application under Sec. 482 of Cr.P.C. has been filed assailing the impugned direction issued by the learned Special Judge, S.C./S.T. Act, Barabanki in Judgment and Order dtd. 27/10/2015 passed in Sessions Trial No. 9472 of 2014, arising out of Case Crime No. 143 of 2014, under Sec. 376/323/504/506 of the I.P.C., Sec. 3(2) (V) of the S.C./S.T. Act and Sec. 4 of Protection of Children from Sexual Offences Act, 2012, Police Station-Jaidpur, District-Barabanki., whereby the learned trial court has directed the State-authorities to take action against the applicant under Sec. 4 of the S.C./S.T. Act, for committing negligence in conducting investigation of the case.

(3.) The factual matrix of the case is that the first informant, Sitaram S/o Ram Sanehi, R/o Akbar Dhanethi, Police Station-Jaidpur, district-Barabanki, lodged the first information report against the accused, Tufail S/o Mohd. Hanif alleging therein that on 3/4/2014, the accused, Tufail committed rape on his daughter, Km. Renu and upon such Tahrir, the first information report was registered as Case Crime No. 143 of 2014, under the abovementioned charges.