Court No. - 25 Case :- APPLICATION U/S 482 No. - 33739 of 2009 Petitioner :- Raju @ Raj Kumar Respondent :- State Of U.P. And Another Petitioner Counsel :- B.B. Dubey Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Chandra,J.
Learned counsel for the applicant prays and is permitted to add the
name and address of Smt. Savitri as opposite party No. 3.
Parties name added as per direction given above.
This application under Section 482 Cr.P.C. has been filed with a
prayer that the proceedings of Criminal Case No. 96A of 2009
State Vs. Raju @ Raj Kumar arising out of charge sheet No. 21 of
2008 in Case Crime No. 26 of 2008 under Sections 363, 366, 376
I.P.C., P.S. Bidhuna, District Auraiya, pending in the court of
learned Judicial Magistrate/Additional Civil Judge (J.D.), Auraiya
may be quashed.
As an interim measure, it has been prayed that the proceeding of
the above said case may be stayed till the disposal of this
application.
Learned counsel for the applicant pointed out that the opposite
party No. 3 is major and had gone with the accused-applicant of
her own free will and later on she married with the applicant and
they both are having a child from their wedlock.
Learned counsel for the petitioner further pointed out that during
the investigation of the case Criminal Writ Petition No. 22755 of
2008 (Raju @ Raj Kumar and another Vs. State of U.P. and
others) was filed by the applicant as well as opposite party No. 3
Savitri. That matter came up for hearing on 18.12.2008 before the
Division Bench and on that date Smt. Savitri was present in the
Court. In the order dated 18.12.2008, it was mentioned that both
the petitioners have married each other and are major.
Learned counsel for the applicant further argued that after passing
of the order dated 18.12.2008, the Investigating Officer submitted
charge sheet on 19.2.2009 without any material being on file.
During investigation it had also come to the knowledge of the
Investigating Officer that Smt. Savitri has married the applicant
yet the charge sheet was filed.
I have considered over the arguments and also perused the papers.
The application is admitted.
Let the notices of this application be sent to the opposite parties
No. 2 and 3 by registered post A.D. within a week. Steps be taken
by the applicant.
Opposite party Nos. 2 and 3 may file the counter affidavit within 3
weeks after the service of notice.
Learned A.G.A. has already received notices for opposite party
No. 1 and may file the counter affidavit in the intervening period.
List the matter before appropriate Bench.
As an interim measure, it is ordered that the proceedings of
Criminal Case No. 96A of 2009 State Vs. Raju @ Raj Kumar
arising out of charge sheet No. 21 of 2008 in Case Crime No. 26 of
2008 under Sections 363, 366, 376 I.P.C., P.S. Bidhuna, District
Auraiya, pending in the court of learned Judicial
Magistrate/Additional Civil Judge (J.D.), Auraiya shall remain
stayed till the next date of listing.
Order Date :- 21.1.2010
Sandeep
