Court No. - 54 Case :- APPLICATION U/S 482 No. - 641 of 2010 Petitioner :- Vipin Gupta And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- A.P.Tewari,S.S.Tripathi Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned AGA.
This application has been filed by the applicants Vipin Gupta and Narendrapal
Gupta with a prayer to quash the charge sheet dated 29.9.2009 in case crime
no. 281 of 2009 under sections 363, 366, 376, 368 I.P.C., P.S. Jaitipur,
District-Shahjahanpur pending in the court of learned ACJM-I, Shahjahanpur.
It is contended that the statement of the prosecutrix Varsha has been recorded
under Section 164 Cr.P.C. in which stated that her date of birth was 5.6.1992,
he has performed the marriage with the applicant Vipin Gupta, she moved in
his company from one to another place, she developed physical relationship
with her consent, she wanted to go in the company of the applicant Vipin. The
applicants have been released on bail.
Considering the submissions made by the counsel for the applicant and
perusal of the record, it is not proper to pass any comment on the material
collected by the I.O. because he shall be considered at the time o framing of
charge, therefore, it is directed that in case he applicant moves discharge
application at appropriate stage or raise the objection at the stage of framing
the charges the same shall be heard and disposed of in accordance with law.
Order Date :- 12.1.2010
prabhat