Allahabad High Court
Rinku @ Khem Singh vs State Of U.P. And 2 Others on 1 August, 2019
Bench: Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- APPLICATION U/S 482 No. - 29771 of 2019
Applicant :- Rinku @ Khem Singh
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Dinesh Pathak
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dinesh Pathak, 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 entire proceeding against the applicant of S.S.T. No. 436 of 2019 (State Vs. Rinku @ Khem Singh and others) arising out of Case Crime No. 695 of 2018 under Sections 363, 366, 376-D, 323, 344 I.P.C. and Section 3/4 The Protection of Children From Sexual Offences Act, Police Station ? Bahjoi, District Sambhal as well as charge sheet No. 209 of 2019 dated 01.06.2019 and cognizance order dated 1.07.2019, pending in the Court of Additional Sessions Judge, Chandauli, District Sambhal and also a prayer is made to stay the proceedings in this case till the disposal of this application.
It is contended by the learned counsel for the applicant that the opposite party No. 2 has falsely implicated the accused-applicant in the present case. In fact, the daughter of the opposite party No. 2 had gone of her own free will with the accused applicant as has been stated by her in the Statement under Section 161 Cr.P.C.. Both had also married each other in Court and the physical relationship with the victim was established by the accused applicant with her consent. It has been further argued that in her statement under Section 164 Cr.P.C. she has taken the names of other co-accused namely Kamal Singh and Anita also. Out of whom Anita has been exonerated by the Police during the investigation.
Attention has also been drawn to this Court's order dated 29.11.2918 in Writ ? C No. 39018 of 2018 at page Nos. 29 and 30 of the Paper Book. The writ petition was finally disposed off giving liberty to the petitioners (which included opposite party No. 3) to live together. An application was also moved for registration of the marriage but it is yet to be registered. The proceedings are going on. Therefore, the police has not conducted the investigation in proper manner and has submitted the charge sheet erroneously in the present case which needs to be quashed. If proceedings are allowed to continue that would amount to an abuse of process of court.
Learned A.G.A. has vehemently opposed the prayer for quashing of the entire proceedings, charge sheet and the cognizance order because the victim in her statement under Section 164 Cr.P.C. has specifically stated that the accused applicant has forcibly taken away her in his vehicle to Lucknow and therefrom to Dehradoon where she was kept for two days in Station and was raped by the applicant and co-accused. Thereafter, the victim was taken to Allahabad where she was kept for 12 days and was raped by them. She was also raped at other places by the accused. Therefore, the offences under Sections 363, 366, 376-D, 323, 344 I.P.C. and Section 3/4 The Protection of Children From Sexual Offences Act are made out.
As per the First Information Report lodged by the opposite party No. 2, his daughter was enticed away by the accused applicant on 16.11.2018 at about 2:00 P.M. from home and she could not be recovered till the lodging of the First Information Report under Sections 363, 366, 376-D, 323, 344 I.P.C. and Section 3/4 The Protection of Children From Sexual Offences Act and after investigation the Investigating Officer has submitted the charge sheet under the aforesaid Sections.
The evidence gathered by the police during the investigation cannot be looked into in the proceedings under Section 482 Cr.P.C. and at this stage, it cannot be denied that cognizable offence is made out against the applicant. All the submissions made at the Bar relate 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 entire proceedings, charge sheet and cognizance order in the aforesaid case 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 30 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 :- 1.8.2019
LBY
