Court No. - 27 Case :- APPLICATION U/S 482 No. - 30440 of 2009 Petitioner :- Sheoraj Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- V.P. Singh Kashyap Respondent Counsel :- Govt.Advocate Hon'ble Ashok Kumar Roopanwal,J.
Heard Mr. V.P. Singh Kashyap, learned counsel for the applicants,
learned AGA and perused the record.
It has been argued by Mr. Kashyap that a case at crime no.305/08,
under Section 363, 366, 504, 506, IPC, P.S. Rajpura, District Budaun
was also lodged against the applicant subsequent to the present case
i.e. case crime no.104/08. In case crime no.305/08 statement of the
girl was recorded in which she categorically stated that she was still in
love with Sheoraj Singh, the applicant and also entered into sexual
relationship with her own accord. She had also solemnised marriage
with Sheoraj Singh. In such view of the matter, there can be no
purpose to continue the proceedings as whenever the lady will come in
case crime no.104/08, she would not deviate from her statement
recorded under Section 164, Cr.P.C. in case crime No.305/08.
Therefore, in such circumstances it is necessary that the proceedings
of the present case be quashed.
Issue notice to O.P. No.2 to file counter within a period of 2 weeks’.
Rejoinder, if any, may be filed within 1 week thereafter.
List thereafter.
Till then, further proceedings of case crime no. 104/08, under
Section 452/354/376, IPC and 3(i)(x) SC/ST Act, State Vs. Sheo Raj
Singh and others, P.S. Rajpura, District Budaun, pending before the
Additional Chief Judicial Magistrate, Budaun shall remain stayed.
Order Date :- 19.1.2010
T. Sinha