Court No. - 80
Case :- APPLICATION U/S 482 No. - 14443 of 2020 Applicant :- Pawan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noor Mohammad Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused material on record.
It has been argued by the learned counsel for applicants that respondent no.2 has lodged an FIR against the applicants making false and baseless allegations of rape and during investigation the version of respondent no.2 was found false and thus, Final Report was submitted. Against that report, respondent no.2 has filed protest petition which has been treated as complaint case and thereafter after recording the statement of respondent no.2 under Section 200 Cr.P.C. and statement of two witnesses under Section 202 Cr.P.C., impugned summoning order dated 06.12.2019 has been passed by the Court below. Learned counsel submitted that applicant nos. 1 and 2 are real brothers, applicant no.3 is their cousin, applicant no.4 is maternal uncle of applicant nos. 1 and 2 and that applicant no.5 is real uncle of applicant nos. 1 and 2 and thus, it is not probable that all these persons would join together in committing gang rape upon respondent no.2. It has also been pointed out that the respondent no.2 has refused for her medical examination. It was further submitted that earlier the husband of respondent no.2 has kidnapped son of applicant no.1 and in this regard a case was lodged against him vide Crime No. 332 of 2016, under Section 363 IPC and that as counterblast of the same and to make pressure upon the applicants, the respondent no.2 has lodged an FIR of this case.
Considering the submissions of learned counsel for the applicant, matter requires consideration.
Notice on behalf of opposite party no.1 is accepted by learned A.G.A.
Issue notice to opposite party no.2, returnable at an early date. Steps be taken within one week.
Opposite party may file counter affidavit within four weeks and thereafter rejoinder affidavit, if any, may be filed within two weeks.
List on 01.03.2021 as unlisted.
Till next date of listing, no coercive action shall be taken against the applicant in Criminal Complaint Case No. 306 of 2019 (Smt. Ruma @ Kirti vs. Narendra and others), under Sections 376D, 452, 504 and 506 IPC, P.S. Gangoh, District Saharanpur, pending in the Court of Additional Chief Judicial Magistrate/Civil Judge (S.D.)/Fast Track Court, Saharanpur.
Order Date :- 6.1.2021 A. Tripathi