- (1.) MRS. Poonam Srivastava, J. Supplementary affidavit filed today is taken on record.
(2.) HEARD Sri Manish Tiwary, Sri A. K. Awasthi, learned Counsels appearing for the applicant and learned A. G. A. for the State. The instant application under Section 482 Cr. P. C. has been filed with a prayer to quash the charge- sheet submitted in case No. 2414 of 1998 arising out of case crime No. 125 of 1998 under Sections 363, 366, 376 I. P. C. and 3 (i) (xii) SC/st (P. A.) Act, P. S. Khutar, District Shahjahanpur pending in the Court of Additional Chief Judicial Magistrate III, Shahjahanpur. First Information Report has been annexed as annexure No. 1 to the affidavit filed in support of the application. Perusal of the F. I. R. shows that no role has been assigned to the present applicant. In fact, according to the statement of victim Prema recorded under Section 164 Cr. P. C, she has completely exonerated the present applicant. Copy of the statement has been annexed as annexure No. 7 to the affidavit filed in support of the application. It is admitted that the applicant was known to her father since before the occurrence and it was the applicant, who made every efforts to help her. He accompanied the prosecutrix in Tata Sumo vehicle and ensured that she reaches her father. Not an iota of allegation has been levelled against the present applicant. There are also affidavits filed by father of the victim, witness Bhikhari and prosecutrix Prema herself.
(3.) ANNEXURE No. 1 to the supplementary affidavit is deposition of the prosecutrix during the trial. She has been declared hostile. The judgment and order dated 6-4-2005 passed in session trial No. 976 of 1999 against the other co-accused has been annexed as annexure No. 2 to the supplementary affidavit. The Court has given clear verdict of acquittal in respect of co-accused Ram Sevak under Section 363 I. P. C. (3) (i) (xii) SC/st (P. A.) Act and also in respect of co-accused Suresh, Paragu, Madan Pal under Sections 366, 376 I. P. C. (3) (i) (xii) SC/st (P. A.) Act. In view of these developments besides other documents, prayer is for quashing the impugned charge-sheet. Counter-affidavit has been filed by the learned A. G. A. , to which rejoinder affidavit is also on record but in view of these developments, which can hardly be disputed by the State. It is apparent that continuation of the trial in respect of the present applicant is nothing but flagrant abuse of process of the Court. In the case of Narayan Rai v. State of U. P. and Anr. , 2004 (1) J. I. C. 508 (All), in similar circumstances, the principle of stare decisis was applied in view of consideration that no conviction can be procured by any stretch of imagination whatsoever and, therefore, the proceedings were quashed.;