PRADEEP KUMAR Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Om Prakash Ojha, learned counsel for the applicants, 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 10.03.2019 filed in Session Trial No. 47 of 2019 (State vs. Pradeep Kumar) arising out of Case Crime No.35 of 2016 under sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station Phulpur, District Prayagraj 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 the applicant has been falsely implicated due to political rivalry by opposite party no.2, father of the victim. In statement under section 161 Cr.P.C. the victim has narrated that her age is 18 years and she fell in love with accused-applicant and wanted to marry him and had eloped with him of her own free will. She was having relationship with the accused for the last four years. It was further argued that initially the Investigating Officer had found the age of the victim to be 19 years on the basis of medical examination report and had come to the conclusion that the matter was required to be closed, report to that effect is at page 35 of the paper book. But subsequently, it appears that the Investigating Officer had taken statement of the victim again and has arbitrarily held the age of the victim to be less than 18 years and has erroneously filed charge-sheet, which needs to be quashed, same being malicious prosecution.