Court No. - 82
Case :- APPLICATION U/S 482 No. - 44701 of 2019 Applicant :- Chhangur @ Shri Ram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rashtrapati Khare Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Rashtrapati Khare, learned counsel for applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Sessions Trial No.93 of 2016 (State Vs. Amarjeet and others), under Sections 376-D, 323 I.P.C., P.S. Sahjanawa, District Gorakhpur, pending in the court of Special Judge, Court No.2, Gorakhpur including summoning order dated 22.9.2017, by which order learned Additional Sessions Judge, Court No.2, Gorakhpur summoned the applicant under Section 319 Cr.P.C. and also issued other process against the applicant.
Learned counsel for applicant contends that applicant is not named in F.I.R. lodged by opposite party no.2 regarding commission of offence of gang-rape under Section 376-D I.P.C., on his mentally week daughter; that on the F.I.R. lodged by opposite party no.2 on 27.6.2015 regarding incident dated 21.6.2015, charge-sheet was submitted against Amarjeet and Sarvjeet, the maternal uncles of victim but subsequent thereto statement of prosecutrix was recorded under Section 164 Cr.P.C. wherein she upon being tutored named applicant, Ravinder, Raju, truck driver Yadav and one other as the real culprits; that during trial on application of prosecution under Section 319 Cr.P.C. learned Additional Sessions Judge has passed impugned order summoning applicant and two others for trial together with charge-sheeted accused persons for offence under Section 376-D & 323 I.P.C.; that applicant is neither named in F.I.R. nor charge-sheeted rather has been falsely implicated upon improvement made subsequent to filing of charge-sheet with an intention to shield charge-sheeted accused Amarjeet and Sarvjeet, maternal uncles of victim.
Per contra, learned A.G.A. supported the impugned order and contended that I.O. without doing proper investigation and without even getting the statement of prosecutrix recorded under Section 164 Cr.P.C., submitted charge-sheet against Amarjeet and Sarvjeet in order to shield the real culprits, the applicant and his associates who were named by prosecutrix in her statement under Section 164 Cr.P.C.; that during trial the prosecutrix as P.W.-2 in her statement on oath before trial court named applicant, Ravindra, Raju and two others, total five as persons, who committed gang-rape on her; that trial court after getting satisfied with sufficient and more than prima-facie evidence against applicant and two others, has passed impugned summoning order U/s 319 Cr.P.C. and there is no illegality or irregularity in the impugned order; that impugned order is revisable and application u/s 482 Cr.P.C. is legally not maintainable.
Upon hearing parties' counsel and perusal of material on record as well as statement of prosecutrix and application u/s 319 Cr.P.C., I find that the trial court upon being satisfied of a strong case against applicant has passed impugned order summoning additional accused persons for trial together with charge- sheeted accused persons. The learned counsel for applicant has failed to show any illegality, irregularity, impropriety or incorrectness in impugned order and there is no sufficient ground for interfering with or quashing the impugned order. The learned counsel for the applicant has also failed to show that there is any abuse of process of court or likelihood of miscarriage of justice for prevention of which the exercise of inherent powers by this Court is required. The application is devoid of merits and is liable to be dismissed.
The application u/s 482 Cr.P.C. is dismissed, accordingly.
Order Date :- 17.12.2019 Kpy