OM PRAKASH-VII,J. - (1.) The present application has been filed by the applicants under Section 482 Cr.P.C., 1973 with the prayer to stay operation of the order dated 3.6.2017 passed in Revision No. 322 of 2016 (Moonga Lal and another v. State of U.P. and another) by the Additional District & Sessions Judge, Court No. 11, Bareilly as well as the order dated 2.7.2016 passed in Complaint case no. 1212 of 2016 (Pooran Dei v. Moonga Lal and another), under Section 376-D and 506 IPC, Police Station Mahila Thana, Sadar, district Bareilly by Chief Judicial Magistrate, Bareilly.
(2.) Heard learned counsel for the applicants and the learned AGA appearing for the State.
(3.) It is submitted by the learned counsel for the applicants that initially F.I.R. was lodged on 19.10.2014 on the basis of the order passed on the application filed under Section 156 (3) Cr.PC. Offence took place on 19.8.2014. Medical examination was done on 20.10.2014. Nothing was found in the medical report to show that the offence under Section 376-D IPC was committed. Investigating officer during investigation submitted final report. On protest petition being filed by the victim, concerned Magistrate treating the protest petition as complaint recorded the evidence under Chapter XV Cr.P.C. Victim's statement was also not supported by any independent witness. Offence under Section 376-D IPC is not made out. Concerned Magistrate has also committed illegality. Victim is major one.;