JUDGMENT :

Manju Rani Chauhan, J.

1. Heard Mr. Ashok Kumar Yadav, learned counsel for the applicant, Mr. Deepak Yadav, learned counsel for the opposite party no.2 and Mr. Pankaj Srivastava, learned AGA for the State.

2. The instant application under section 482 Cr.P.C. has been filed for quashing of the order dated 03.09.2021 passed by Additional District and Sessions Judge, Sambhal at Chandausi in S.T. No. 70 of 2019 (State Vs. Devendra Yadav), arising out of Case Crime No.662 of 2017, under sections 344, 376D, 354, 323, 504, 506, 115, 34 IPC, Police Station-Hayatnagar, District-Sambhal by which the application under section 311 Cr.P.C. moved by the applicant has been rejected.

3. Brief facts of the case are that an FIR was lodged on 22.12.2017 by the applicant against as many as five persons under Sections 344, 376D, 354, 323, 506, 115, 34 IPC, Police Station-Hayatnagar, District-Sambhal. After recording the statements of the victim/applicant under Sections 161 and 164 Cr.P.C., the charge sheet has been submitted, pursuant to which, the trial court has proceeded to record the statement of victim/applicant, who has been examined as P.W.-1. Subsequently, on 03.09.2021, the applican