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Neutral Citation No. - 2025:AHC:117119 Court No. - 72 Case :- APPLICATION U/S 482 No. - 23538 of 2024 Applicant :- Ankit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar,Sanjay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 15.02.2024 passed by Additional District & Sessions Judge/Fast Track Court no.1, Baghpat to frame the charge under sections 376, 452, 323, 354, 506 I.P.C. against the applicant in Session Trial No.24 of 2024 (State vs. Ankit) arising out of Case Crime No.0341 of 2023, under sections 452, 354, 323 & 506 I.P.c., Police Station Khekara, District Baghpat, pending before Additional District & Sessions Judge/Fast Track Court No.1, Baghpat.
3. Learned counsel for the applicant has challenged the framing of charge order dated 15.02.2024 that while framing charge court has not specified date and place of occurrence. The whole proceeding is illegal, arbitrary and is liable to be set aside. Learned counsel for the applicant gone though section 212 Cr.P.C. and submitted that charge is defective and all proceedings initiated against the applicant are illegal. Section 212 Cr.P.C. specifically states that while framing of charge, date and place of occurrence must be mentioned in the charge.
4. Per contra, learned A.G.A. vehemently opposed the submission raised by applicant's counsel and submitted that on omission of time and place of occurrence in the charge, has not caused any prejudice to the applicant.
5. Considered the arguments raised by both the parties. From the record it is evident that there is no mention of time and date of occurrence in the charge but from perusal of material evidence on omission of time, place and occurrence no prejudice is being caused to the applicant and present trial status is at evidence stage. No interference is warranted. The present 482 application of applicant- Ankit, is hereby dismissed with the aforesaid observation. Order Date :- 18.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad