OM PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri S. P. S. Raghav, learned senior advocate assisted by Sri Anil Raghav, learned counsel for the applicant and learned A.G.A. for the State of U. P.

(2.) THIS application has been filed with a prayer to quash the proceeding of Criminal Case No. 2061 of 2008 under Sections 363, 366, 376 and 506, I.P.C., P. S. Modi Nagar, district Ghaziabad arising out of charge-sheet submitted in Case Crime No. 246 of 2007, P. S. Modi Nagar, district Ghaziabad pending in the Court of learned Additional Chief Judicial Magistrate-III, Ghaziabad.

(3.) IN reply of the above contention, it is submitted by learned A.G.A. that in the present case the statement of Km. Pooja has been recorded, on the basis of her statement the specific allegation of extending the threat to the prosecutrix during the period of her illegal detention has been made. The allegation of rape is not against the applicant, it is made against the co-accused persons. On the basis of the material collected by the INvestigating Officer charge-sheet has been submitted against the applicant and co-accused Sudhir and Sanjeev under Sections 376 and 506, I.P.C. There is sufficient material to proceed further against the applicant. The learned Magistrate concerned has not committed any error in taking the cognizance and summoning the applicant to face the trial. The present case is devoid of merits, it may be dismissed.