Vivek Kumar vs State of U. P. - 2023 Supreme(All) 2704

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2704

UMESH CHANDRA SHARMA
Vivek Kumar – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Krishna Gopal.
For the Opposite Party : G.A., Niklank Kumar Jain.

JUDGMENT

Umesh Chandra Sharma, J.

Heard Sri Krishna Gopal, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned A.G.A for the State and perused the record.

2. The learned counsel for opposite party no. 2 neither appeared nor has the learned A.G.A filed any counter affidavit, hence heard the argument and perused the record.

3. The applicant has filed the present Application under Section 482 Cr.P.C to quash the order dated 02.08.2022 passed by A.S.J / Special Judge (Rape Z POCSO Act), Etah in Special Trial No 552 of 2021 - State v. Vivek Kumar arising out of Case Crime No. 35 of 2020 under Sections 3 63 , 366 I.P.C and 3A POCSO Act, 2012 Act, Police Station Pilua, District Etah.

4. In brief, facts of the case are that opposite party no. 2 lodged an F.I.R which was registered as Case Crime No. 35 of 2020 under Sections 3 63 , 366, 368, 506 I.P.C and 3A POCSO Act, in Police Station Pilua, District Etah. After investigation the I.O. submitted charge-sheet against the applicant and other co-accused persons under Sections 3 63 , 366, 368, 506, 376 I.P.C and 3A POCSO Act. Statement of the victim has been recorded under Section 164 Cr.P.C, which is annexed as annexure no.