Court No. - 46
Case :- CRIMINAL REVISION No. - 402 of 2019 Revisionist :- Ratan Singh Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Dhirendra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the revisionist and learned A.G.A. and have been taken through the record.
The instant revision has been preferred assailing order dated 5.12.2018 passed by the learned Additional Sessions Judge, Jalaun at Orai, whereby the court below has allowed the application under section 319 Cr.P.C. of the opposite party no.2 summoning the revisionist and one Udaiveer Singh as accused in Criminal Case No.81 of 2017 under sections 363, 366 I.P.C. read with section 16 of POCSO Act,, Police Station Kotwali Jalaun, District Jalaun and also the order dated 22.12.2018 issuing the process under section 82 of the Cr.P.C.
It is submitted by counsel for the revisionist that opposite party no.2 has lodged the First Information Report on 8.7.2017 against Arif under section 363 I.P.C. read with section 7/8 of POCSO Act for the abduction of his grant daughter Rohini. During course of the investigation, the investigating officer recorded the statement of the complainant and witnesses under section 161 Cr.P.C. The victim was recovered by the police personnel on 11.7.2017. Her medical examination was conducted. The investigating officer after collecting the credible and clinching materials submitted the charge sheet only against Arif under sections 363/376 IPC read with section 3/4 POCSO Act and the case was committed to the Court of Sessions. In the cross examination, the complainant divulged that the victim had informed him with regard to the complicity of the revisionist and Udaiveer Singh. The victim was also examined in chief. In her statement under section 164 Cr.P.C. she surfaced the name of the revisionist and one Udaiveer in association with Arif who has already been named in the First Information Report dated 8.7.2017. The revisionist is not named in the First Information Report dated 8.7.2017. The charge sheet has already been submitted against the arch accused Arif and the trial is proceeding against him. The life and liberty of the revisionist put at stake at the subsequent statement of the complainant and the victim in examination in chief. The court below has proceeded on erroneous consideration of facts and law by allowing the application under section 319 Cr.P.C. whereby the revisionist has been summoned and the process under section 82 Cr.P.C. has been initiated. The revisionist has been roped in the present case out of personal vendatta so as to harass him. The revisionist is well known to the opposite party no.2 and the opposite party no.2 has moved the application under section 319 Cr.P.C. after much deliberation and consultation and the court below has passed the order dated 5.12.2018 on mis-appraisal and misconstruction of facts and evidence hence the impugned orders may be set aside.
Learned A.G.A. contended that mere summoning of the revisionist under section 319 Cr.P.C will not fasten any liability upon him. The revisionist will have ample opportunity to prove his innocence. The impugned orders do not suffer from any illegality or perversity. The victim is minor. She has been subjected to unnatural harassment and vexation on account of foul act of the accused persons. She has unfolded correct version in her statement under section 164 Cr.P.C. before the court below during trial,hence testimony cannot be stifled.
Having considered after rival submissions of the learned counsel for the parties, this Court does not find any valid and justifiable ground to interfere with the orders impugned. The revision sans merits and is accordingly dismissed.
However, it is provided that in case the applicant appears/ surrenders before the court below and applies for bail in the aforesaid case, his prayer for bail shall be considered expeditiously in accordance with law without being influenced by any of the observations of this Court.
Order Date :- 29.1.2019 Rk