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2015 DIGILAW 1966 (ALL)

Dilip Verma v. State Of U. P Thru Principal Secy. , Home Deptt. ,

2015-07-20

ADITYA NATH MITTAL

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JUDGMENT Aditya Nath Mittal, J. Heard learned counsel for the petitioner, learned Additional Government Advocate and perused the record. 2. This petition has been filed with the prayer to quash the Charge-sheet dated 07.09.2014 relating to Case Crime No.124 of 2014, under Sections 354-Ka, 376 and 506 of I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, Police Station-Ahirauli, District Ambedkar Nagar. The petitioner has further prayed for quashing the order dated 04.06.2015, passed by the Additional Session Judge, Court No.1, District-Ambedkar Nagar. 3. Learned counsel for the petitioner has submitted that the Charge-sheet has been filed on the basis of statements under Sections 161 and 164 Cr.P.C. and the medical report, while there are major contradictions in the statements under Section 161 and 164 Cr.P.C. It has also been submitted that the learned lower court has wrongly rejected the application for discharge. 4. As far as the quashing of Charge-sheet is concerned, the petitioner should have approached this Court in time because the Charge-sheet has been filed on 07.09.2014. After which, he has participated in the proceedings and had also moved an application for discharge. Therefore, the prayer for quashing of the Charge-sheet is barred by laches. 5. As far as the order by which the application for discharge has been rejected is concerned, there is efficacious remedy of filing revision and the petition under Section 482 Cr.P.C. is not maintainable. In view of the above, the petition lacks merit deserves to be dismissed. The petition is, therefore, dismissed.