DARSHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The present application has been filed with a prayer to quash the entire proceeding of S.S.T. No. 22 of 2018 in pursuance of charge sheet dated 18.12.2017 arising out of Case Crime No. 178 of 2017, under Section 363, 366, 376 IPC and Section 3/4 POCSO Act, P.S. Faizganj Behta, District Budaun as well as cognizance order dated 17.1.2018.

(2.) It has been argued by the learned counsel for the applicant that applicant has been falsely implicated. Accused-applicant has married the daughter of opposite party no. 2 long back. He has drawn attention of this Court to the order of this Court passed in Crl. Misc. Writ Petition No. 14890 of 2017, dated 1.8.2017, whereby it was directed that she would be produced before the C.J.M. concerned for her statement to be recorded u/s 164 Cr.P.C. as well as her medical examination would be conducted and conditional order was passed with respect to her being found major or minor. In pursuance of the said order, Ossification Test was conducted of the victim, in which her age was found to be 20 years, which is annexed at page 43 of the paper book. It is further argued that thereafter a Habeas Corpus Writ Petition No. 2443 of 2018 was moved from the side of victim and accused-applicant no. 1, in which, on 29.3.2018 following order was passed:-

(3.) Heard Sri Bharat Singh, learned counsel for the petitioners, Sri Vikas Sahai, learned A.G.A. for the State. No one has appeared on behalf ofrespondent no.4 to contest the matter even in the revised reading of the list.