AJAI KUMAR SRIVASTAVA I
Suraj – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Deptt. Of Home – Respondent
JUDGMENT :
1. Vakalatnama filed by Ram Lakhan Pal, Advocate on behalf of opposite party is taken on record.
2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A for the State and perused the entire record.
3. This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the entire proceeding of S.T. No.574/2022, arising out of Case Crime No.0007/2022, under Sections 376 & 506 I.P.C. and 5/6 POCSO Act, Police Station Banthara, District Lucknow.
4. Learned counsel for the applicant has submitted that the first information report came to be lodged against the applicant on the basis of false and fabricated facts. His further submission is that upon conclusion of the investigation, the charge-sheet has been filed without there being any evidence whatsoever against him. He has further submitted that there is no evidence whatsoever in support of the charge sheet neither there is any material to frame the charge against the accused nor the proceeding can fruitfully be continued against him. His further submission is that the prosecutrix is living with the applicant as wife and they have been blessed with a girl child.
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