ANIK PAL Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Rajesh Shankar Srivastava, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.

(2.) This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge-sheet dated 12.08.2018 in S.T. No. 823 of 2018 ( State vs. Anik Pal ) arising out of Case Crime No.258 of 2018 under sections 366 , 376 IPC and section 3(2) (V) SC/ ST Act , Police Station Sipari Bazar, District Jhansi pending before the Court of Special Judge (SC/ ST Act ), Jhansi as well as cognizance order dated 17.09.2018 and also a prayer is made to stay the proceedings in this case till the disposal of this application.

(3.) It is argued by the learned counsel for the applicant that a bail order was passed on 24.1.2019 in Crl. Appeal No. 5312 of 2018 (Anikpal vs. State of U.P. and another) wherein it is recorded by this Court that the prosecutrix is major and had voluntary gone with the accused-applicant and mainly on this ground bail was granted. Pointing out towards this order it was argued that the daughter of opposite party no. 2 being a major girl had gone to the place where the accused had called her and therefore, this is a matter of consensual sex. It would not be covered under section 376 IPC and Investigating Officer has overlooked all these aspects of the matter and has filed charge-sheet erroneously which needs to be quashed.