NAZARUL Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(2.) This application under section 482 Cr.P.C. has been filed with the prayer to quash the impugned charge sheet dated 22.12.2015 submitted in case crime no.497 of 2015 under sections 354, 506, 457 IPC and 3 (1) (X) S.C./S.T. ACT, P.S. Didoli, District Amroha (J.P. Nagar).

(3.) Submission of the learned counsel for the applicant was that offence under section 3 (1) (X) S.C./S.T. Act is not made out against the applicant in the present case. The court below, while taking cognizance on the charge-sheet submitted under sections 354, 506, 457 IPC and section 3 (1) (X) S.C./S.T. Act did not consider the true aspect of the matter and illegally took cognizance in the matter. It was further submitted that the entire criminal proceedings of the aforesaid criminal case are an abuse of process of law. Essential ingredients to constitute the offence under section 3 (1) (X) S.C./S.T. Act are lacking in the matter. The whole prosecution story is improbable and unbelievable and the prosecution case is neither supported from any independent evidence nor from any medical evidence. In support of his contention, learned counsel for the applicant has placed reliance on the decision of the Apex Court passed in the case of Gorige Pentaiah Vs. State of A.P., 2008 LawSuit(SC) 2280.