Neutral Citation No. - 2024:AHC-LKO:72384
Court No. - 29
Case :- APPLICATION U/S 482 No. - 9515 of 2024
Applicant :- Shadab Khan
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko
And Another
Counsel for Applicant :- Vineet Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vineet Kumar Mishra, the learned counsel for the
applicant, Sri Jai Prakash, the learned A.G.A. for the State and
perused the records.
2. By means of the instant application filed under Section 528
B.N.S.S. 2023 the applicant has sought quashing of charge
sheet no.18/20 dated 24.03.2012 submitted in furtherance of
Case Crime No.235 of 2011, under Sections 363, 366 I.P.C.
Police Station Mallawan, Dsitrict Hardoi. The applicant has
also sought quashing of order dated 08.02.2013, passed by the
learned Additional Chief Judicial Magistrate-II, Hardoi in Case
No.738 of 2015.
3. The submission of the learned counsel for the applicant is
that the victim of the case has gone missing and a public notice
in this regard has been published and, therefore, conclusion of
trial on merits will not be possible.
4. The victim having gone missing is no ground to quash the
proceedings instituted by her particularly when after
investigation the allegations levelled in the F.I.R. have been
established. The charge sheet was submitted way back in the
year 2012 and the summoning order was passed in the year
2013 and there is absolutely no explanation for the delay in
filing the application.
5. In view of the aforesaid discussion, the application is
dismissed.
.
[Subhash Vidyarthi, J.]
Order Date :- 25.10.2024
Ram.
Digitally signed by :-
RAM SINGH
High Court of Judicature at Allahabad,
Lucknow Bench