Anubhav Kumar v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 27915 of 2023 Applicant :- Anubhav Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J. Heard learned counsel for applicant, learned A.G.A. and perused the record. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of S.T. No.2103 of 2022 (State vs. Anubhav Kumar) impugned charge sheet dated 2.6.2022 as well as summoning order dated 28.09.2022, issued by Incharge Judicial Magistrate District Kaushambi to proceed against the applicant arising out of FIR, vide Case Crime No.0088 of 2021, under Sections 366 IPC added section 376 IPC, Police Station Pipari, District Kaushambi. From the perusal of the allegation made in the FIR as well as the statements of the prosecutrix recorded u/s 161 Cr.P.C. and 164 Cr.P.C. no case for quashment of the entire criminal proceeding is made out and the same is refused. However, if an application for bail is moved by the applicant before the court concerned, the same shall be heard and decided in accordance with law within a period of four weeks from today. For a period of four weeks, no coercive action shall be taken against the applicant in the aforesaid case. Order Date :- 24.11.2023 m.a. High Court of Judicature at Allahabad