BASUDEV Vs. STATE OF U P & ANOTHER

JUDGEMENT

(1.) Heard Sri Kunwar Mukul Rakesh, learned counsel for the applicant, Sri Santosh Kumar Mishra, learned A.G.A. for the State of U.P., Sri Zulfiqar Naqvi holding brief of Sri Gyasuddin Khan, learned counsel for the opposite party no. 2 and perused the record.

(2.) This application under Section 482 Cr.P.C. has been filed for quashing the order dated 06.02.2019 passed by Additional Sessions Judge, F.T.C.-1, Lucknow, in S.T. No. 970 of 2018 (State vs. Basudev and another), arising out of Case Crime No. 48 f 2001, under Sections 323, 504, 506, 376 IPC, P.S. Nagram, District Lucknow.

(3.) Brief facts related to this case are that opposite party no. 2 has lodged an FIR as Case Crime No. 48 of 2001, under Section 376 IPC, P.S. Nagram, District Lucknow (Anneuxre-4) in which after investigation, on 04.07.2007, the charge sheet (Annexure-2) has been filed against the applicant under Sections 323, 504 and 506 IPC and on the basis of which the trial of the applicant began before the Court concerned, as Criminal Case No. 717 of 2001, in which statements of the prosecutrix P.W. 1 was recorded. During trial an application under Section 216 Cr.P.C. has been moved on 21.07.2013 by the prosecutrix for modification of the charge under Section 376 IPC. The above application of the prosecturix has been allowed vide order dated 22.08.2017 (Annexure C.A.-3) against thereof, a Criminal Revision No. 697 of 2017 was filed, which was dismissed by the Revisional Court vide order dated 25.08.2018 (Annexure C.A.-4). The order of Revisional Court was challenged before this Court by means of an application under Section 482 Cr.P.C. No. 6021 of 2018, which was disposed of vide order dated 27.09.2018 (Annexure-1).