Manoj Kumar @ Monu Katheriya vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2909

NEERAJ TIWARI
Manoj Kumar @ Monu Katheriya – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Kartikeya Shukla

JUDGMENT :

NEERAJ TIWARI, J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. Present 482 Cr.P.C. application has been filed seeking quashing of impugned charge sheet dated 03.02.2023 in Session Trial No. 22 of 2023, arising out of Case Crime No. 581 of 2022, under Section 363 , 366, 376 IPC and 5(j)(ii)/6 of POCSO Act, Police Station-Kotwali Orai, District-Jalaun as well as order dated 01.02.2023 passed by Child Welfare Committee, Jalaun.

3. Pursuant to order of this Court dated 23.11.2023, applicant, namely, Manoj Kumar @ Monu Katheriya is present before this Court, duly identified by his counsel, Sri Kartikeya Shukla. Victim-Mangala along with child aged about four months are also produced before this Court by S.I. Vinod Kumar Singh (PNO-892260399) and M/e184 Ragini (PNO 182370410) P.S. Kotwali, Orai, District Jalaun.

4. Learned counsel for the applicant submitted that opposite party No. 4 (mother of victim) has lodged FIR dated 30.10.2022 against the applicant, upon which, applicant was also arrested and ultimately, was enlarged on bail by this Court vide order dated 07.08.2023 passed in Criminal Misc. Bail Application No. 31467 of 2023. He next submit