MOHAMMAD SALEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant Shri Uma Nath Pandey and in opposition, learned A.G.A. for the State Shri G.P. Singh and perused the record.

(2.) This application under Section 482 of Cr.P.C. has been moved on behalf of the applicant with a prayer to quash the entire proceedings of Criminal Case No. 1788 of 2019 (State v. Saleem), arising out of Case Crime No. 180 of 2018, under Sections 323, 354, 376, 506 of I.P.C., Police Station - Walterganj, District - Basti as well as the cognizance order dated 15.07.2019 passed by A.C.J.M.-I, Basti.

(3.) It is argued by learned counsel for the applicant that the accused-applicant has been falsely implicated in the present case. He is "chowkidar" in a recognised aided college and on the date of the occurrence, he was performing his duty as "chowkidar" and a certificate to that effect has been issued by the Principal of that college, which is annexed at Page No. 72 of the paper book. It is further argued that after submission of charge-sheet under the above-mentioned sections, an application was moved by the accused-applicant before the Senior Superintendent of Police, Basti for further investigation in the matter and pursuant to that, an SCD was submitted before the trial court, in which offence under Sections 376 and 506 of I.P.C. were deleted by the Investigating Officer. It is further argued that the victim is a 35-year old lady. There was a dispute of abadi land between the victim and the accused-applicant and in order to put pressure upon the applicant, this false case has been lodged. All these points have not been taken into consideration by the I.O. Further, the trial court has also taken cognizance for offence under Sections 376 and 506 of I.P.C. despite the fact that the police did not find offence under the above-mentioned sections to be made out against the applicant. Hence, the proceedings in the present matter is nothing but malicious prosecution of the accused and the same needs to be quashed.