RAFEEL 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 for quashing the proceedings of Criminal Complaint Case No. 2049 of 2007 (Tarabunnisha Vs. Rafeel) under Sections 376, 506 P.S. Jogia Udaipur, District Siddharthnagar pending in the Court of Judicial Magistrate, Siddharthnagar as well as the consequential order dated 17.12.2015. Further prayer has been made to stay the further proceedings of the aforesaid case.

(3.) Submission of the learned counsel for the applicant is that on the basis of First Information Report investigation was done and a charge sheet for the offence under Section 354 I.P.C. was filed against the applicant. For the same set of facts complaint was also filed by the opposite party no. 2 and the Court below summoned the applicant for the offence under Sections 376, 506 I.P.C. An application under Section 210 Cr.P.C. was moved which is pending. The Court below did not pass order on the application but issued non-bailable warrant on 17.12.2015 against the applicant which is illegal. It was further argued that learned Court below ought to have decided the application under Section 210 Cr.P.C. moved by the applicant at first. Since order dated 17.12.2015 passed by the concerned Magistrate is against the law, therefore, prayer for quashing the order dated 17.12.2015 was made.