Court No. - 65
Case :- APPLICATION U/S 482 No. - 29125 of 2019
Applicant :- Saravan Kumar Gaur
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- J.B. Singh
Counsel for Opposite Party :- G.A. Sri Sudarshan Singh
Hon'ble Dinesh Kumar Singh-I,J.
Sri Sudarshan Singh has filed Vakalatnama on behalf of Opposite Party no. 2 and the same taken on record.
Heard Sri J. B. Singh, learned counsel for the applicant, Sri Sudarshan Singh, learned counsel for Opposite Party No. 2, and Sri G. P. Singh, learned A.G.A for the State.
This Application has been filed with a prayer to quash the proceedings and the charge sheet dated 19.06.2019 in Case Crime No. 81 of 2019 under Sections 328, 376, 504, 506 of I.P.C., Police Station Bhelupur, District Varanasi and cognizance order dated 26.06.2019 taken by the A.C.J.M. 3rd, Varanasi.
It is argued by learned counsel for the applicant that the accused applicant has been falsely implicated in this case by the Opposite Party No. 2. The Opposite Party No. 2 was extended a sum of Rs. 5,00,000/- in order to enhance her business as she was running a shop. In course of time, she issued two cheques of one lacs each in favour of accused applicant no. 1, which is annexed as annexure no. 1 of the paper book. The cheques could not be encashed because she had insufficient amount in her account and ultimately, the said amount was not paid back. A complaint was made in this regard to the Senior Superintendent of Police, Varanasi, which is annexed in the paper book from page nos. 20 to 25 with a request that the said amount be directed to be returned by Opposite Party no. 2. Feeling aggrieved by the same, this false case has been lodged against the accused applicant which is based on a concocted story. The police has not made investigation of this case in a proper manner and submitted the charge-sheet in routine manner which is nothing but abuse of process of court and the proceedings needs to be quashed.
On the other hand, learned counsel for the Opposite Party No. 2 and learned A.G.A. have vehemently opposed the prayer of quashing and learned counsel for the O.P. No.2 further stated that the accused applicant had given some Narcotic drug in cold drink to the victim and when she got fainted, rape was committed upon her and video clipping was also made which was used to threaten and black-mail her. Hence, charge sheet is submitted in a proper manner after investigation.
I have gone through the FIR.
Opposite Party No. 2 has written in the said F.I.R. which was lodged through an Application under Section 156 (3) Cr.P.C. that she runs a shop of clothes and about two years ago, the accused applicant had come as a customer. Thereafter the accused developed nearness with the victim and thereafter he had taken her to a place called Khojwa on the pretext of making survey of the market. There was a house of some acquaintance where they went wherein some narcotic drugs was mixed in her cold drink and after consuming it, the victim got fainted, thereafter she was raped and video clipping was prepared by the accused and it was threatened by the accused that the same would be placed on social-media. The police after investigation submitted the charge-sheet against the accused under above mentioned sections.
The arguments which are made by the learned counsel for the applicant are related to factual aspect which cannot be seen at this stage in the proceeding under Section 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, 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 proceedings is refused.
However, the applicant may approach the trial court to seek discharge, if so advised, and before the said forum, he may raise all the pleas which have been taken by him here. If such application is made, the same shall be decided by the trial court in accordance with. The committal court shall commit the case within 15 days subject to compliance of provision of Section 209 Cr.P.C. to facilitate the trial court to hear and dispose of discharge application.
The applicant may appear before committal court within 15 days to get his case committed to the Court of Sessions so that the accused may move discharge application before it. For a period of 15 days from the date of order, no coercive action shall be taken. But if the accused does not appear before the Committal court, the said court shall take coercive steps to procure his attendance.
With aforesaid direction, this application is finally disposed of.
Order Date :- 30.7.2019 VPS