Court No. - 65
Case :- APPLICATION U/S 482 No. - 35607 of 2019 Applicant :- Rumali Devi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manu Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Manu Mishra, learned counsel for the applicant, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge sheet dated 12.07.2019 under Sections 376, 323, 506, 313, 120-B IPC along with the cognizance order dated 20.08.2019 and summoning order dated 20.08.2019 passed in Criminal Case No. 1336 of 2019 (State Vs. Rishi Kapoor and others) by ACJM, Court No. 2, Aligarh and further proceedings of the said case No. 1336 of 2019 arising out of impugned charge sheet dated 12.07.2019 in Case Crime No. 206 of 2019 under Sections 376, 323, 506, 313, 366, 342 IPC, PS. Sasni Gate, District Aligarh and also a prayer is made to stay the proceedings in this case till the disposal of this application.
Learned counsel for the accused applicants has argued that the applicant No. 1 is mother and accused applicant No. 2 is brother of the main accused namely Rishi Kapoor against whom allegation of rape has been made by the victim who is opposite party No. 2 herself. Both the applicants have been falsely implicated in this case merely because they are related to the main accused. No such occurrence has taken place. This is nothing but an abuse of the process of Court, hence the charge sheet needs to be quashed.
Learned A.G.A. has vehemently opposed the prayer for quashing of the charge sheet and the cognizance order.
I have gone through the First Information Report. It is recorded in it by the opposite party No. 2 that she came in contact with the co-accused Rishi Kapoor two years ago who assured her that he would marry her. He had taken her away along with jewellery of her two sisters-in-law (wives of her two brothers), details of which are mentioned in the First Information Report. It is further mentioned that when he had taken her to various places for 2-3 days and after having roamed around, he took her to his home at Hanumanpuri where she met co-accused Rishi Kapoor's mother (accused applicant No. 1) namely Rumali Devi and his brother accused applicant No. 2 namely Harshbardhan and his wife. She was confined in the house of Harshbardhan where co-accused Rishi Kapoor continued to commit rape upon her and in the meantime, she became pregnant. Accused applicant No. 1 as well as co-accused Rishi Kappor took her to Brinda Hospital for medical check-up where she was operated. Subsequently, when she started putting pressure upon Rishi Kapoor to marry her, he started beating her and giving various kinds of torture and later on, she came to know that Rishi Kapoor was a married-man and his wife was living at her parents' house. On the basis of the First Information Report investigation was made and after having recorded as many as 12 witnesses, the charge sheet was submitted against applicants in above mentioned sections. The veracity of the statements of the said witnesses which have been recorded by the Investigating Officer cannot be scrutinized at this stage in proceedings u/s 482 Cr.P.C.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R.
P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604 and State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the charge sheet and cognizance order of the aforesaid case is refused.
However, the applicants may approach the trial court to seek discharge at appropriate stage, if so advised, and before the said forum, they may raise all the pleas which have been taken by them here.
The applicant shall appear before the court below within 30 days from today and may move an application for bail. If such an application is moved within the said time limit, the same would be disposed of in accordance with law.
For a period of 30 days, no coercive action shall be taken against the accused applicant in the aforesaid case. But if the accused does not appear before the court below, the court below shall take coercive steps to procure his attendance.
This application stands dismissed.
Order Date :- 25.9.2019 LBY