Court No. - 49
Case :- APPLICATION U/S 482 No. - 41598 of 2018 Applicant :- Rajendra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard, Mr. Vijay Bahadur Shivhare, learned Counsel for the applicant, Ms. Priyanka Devi Sharma, learned Counsel for the respondent no.2 and Mr. Sanjay Sharma, learned A.G.A for the State are present.
Vakalatnama filed by Ms. Priyanka Devi Sharma on behalf of respondent no.2 today is taken on record.
This is an application under section 482 Cr.P.C. 1973 (in short, 'Cr.P.C.') challenging the charge-sheet dated 16.08.2018 in special Case No.55 of 2018 arising out of Case crime no. 185 of 2018 (State Vs. Rajendra Singh Parihar) for the offence under sections 354(A) (1) (iv), 376 IPC and Section 4 of the Protection of Children From Sexual Offences Act, 2012, Police Station-Charkhari, District-Mahoba.
Learned Counsel for the applicant submits that the respondent no.2 lodged a complaint on 3.7.2018 wherein she disclosed her age 19 years and on the basis of said complaint, F.I.R. was registered, there was no allegation of rape in the said F.I.R. Thereafter on 6.7.2018, respondent no.2 made statement under Section 164 Cr.P.C., wherein she made allegations against the applicant for the offence under Section 376 I.P.C.
Learned Counsel for the applicant submits that the statement under Section 164 Cr.P.C. was made by prosecutrix after 4 days and is a false story.
Learned Counsel for the applicant submits that the applicant was selected as a Police Constable and received call letter dated 9.6.2018 (annexure 3) and thereafter the respondent no.2 lodged a false complaint against the applicant on 3.7.2018. Learned Counsel for the applicant also submits that the applicant filed a Criminal Misc. Writ Petition No.18660 of 2018 which was disposed of on 16.7.2018 and interim protection was granted to the applicant till the filing of police report under Section 173(2) Cr.P.C. He further submits that the investigation is completed and the charge-sheet has been filed but the joining of the applicant is still awaited.
On the other hand, learned Counsel for the respondent no.2 submits that the respondent no.2 is a minor and there are specific allegations for the offence under Section 376 I.P.C.
The prayer for quashing the charge-sheet has been opposed by learned A.G.A. for the State on the ground that the statement of victim under Section 164 Cr.P.C. was recorded wherein she has stated that the applicant committed rape.
In view of the facts and circumstances of the case and statements made under Section 164 Cr.P.C. , there is no ground to quash the charge sheet dated 16.8.2018. Accordingly the prayer for quashing the charge-sheet is declined.
However, the applicant is directed to appear before the trial court within a period of two months from today and move an appropriate application for bail. Learned trial court will consider the said application in view of the law laid down by Hon'ble Supreme Court in another case titled as 'Lal Kamlendra Pratap Singh versus State of U.P. and others' 2009 Sup AIR (SC) 2178 and judgment of this Court titled as 'Amarawati and another versus State of U.P.' 2004 (57) ALR 290 in accordance with law.
It is made clear that in case, the applicant fails to appear before the trial court within a period of two months from today, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
(V.P. Vaish, J.) Order Date :- 27.11.2018 Savita