PINTU LODH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dinesh Kumar Singh, learned counsel for the applicant, Sri Amit Kumar 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 dated 13.11.2018 as well as its cognizance order dated 11.02.2019 in Case No. Nil of 2019 arising out of Case Crime No. 234 of 2016 under Sections 363, 366, 376 I.P.C. and 6 of Protection of Children from Sexual Offences Act, 2012, P.S. Rajapur, District Chitrakoot.

(3.) Learned counsel for the applicant has argued that applicant has been falsely implicated in this case by O.P. No. 2 who is father of the victim. Accused applicant has married the daughter of O.P. No. 2 regarding which certificate has been annexed at page no. 26 of the paper book which appears to have been issued by some temple authority. Attention of this Court has been drawn towards the order passed by this Court on 24.09.2018 in Criminal Misc. Writ Petition No. 26432 of 2018 in which the victim and the accused applicant have prayed quashing of the F.I.R. and the Court had given protection against arrest to the accused applicant only till submission of the police report under Section 173 (2) Cr.P.C. and also directed that the victim would be produced before the C.J.M. concerned who shall get her statement recorded under Section 164 Cr.P.C. as well as get her medically examined. In pursuance to the said order, no medication examination of the victim was conducted. It was further argued that the victim in her statement under Section 164 Cr.P.C. has stated that two years ago, an old person had come to his father who told her father that he may take Rs. 50,000/- from him (old man) and get her daughter married with him. When she heard this talk, she fled from the house and went to Delhi by train, where she met accused applicant who started helping her and subsequently married her in Sammelan and they (accused applicant and victim) started living as husband and wife. Learned counsel for the applicant has further drawn attention of the Court towards the fact that nowhere in the statement, victim has stated that rape was committed upon her by the accused. It is next argued that in F.I.R. also there is no allegation of rape made by informant against accused applicant. The Investigating Officer without taking into consideration these facts, has submitted charge-sheet against the accused applicant in superficial manner which needs to be quashed.