RAHUL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Shiv Kumar Singh Rajawat, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.

(2.) This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned charge-sheet No. 57 of 2016 dated 16.03.2016 in Special Case No. 139 of 2016 arising out of Case Crime No. 370 of 2015 under Sections 363, 366, 376 I.P.C. and 3/4 P.O.C.S.O. Act, P.S. Babina, District Jhansi and cognizance order dated 10.05.2016.

(3.) It has been argued by learned counsel for the applicant that O.P. No. 2 is mother of victim who has falsely implicated the accused applicant because victim has married the applicant although no marriage certificate has been annexed. He has drawn attention of this Court towards the order dated 15.11.2017 which has been passed in Habeas Corpus Writ Petition No. 15967 of 2017 on a petition moved by the daughter of O.P. No. 2 (corpus) in which the victim was directed to be set at liberty as she was found to be above 18 years, therefore, the offence under Section 376 I.P.C. as well as Section 3/4 P.O.C.S.O. Act would not be made out. This aspect has not been taken into consideration by I.O. who had submitted charge-sheet in routine manner which is abuse of process of Court which needs to be quashed.