Allahabad High Court
Rohtash And Another vs State Of U.P. And Another on 22 November, 2022
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 85
Case :- APPLICATION U/S 482 No. - 25406 of 2022
Applicant :- Rohtash And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Som Veer
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State.
The prayer in the instant application is to quash the entire proceedings of Complaint Case No.01 of 2021 (Bhagwan Singh v. Rohtash & Ors.) under Sections 354-B, 323, 504, 506 IPC and Section 7/8 POCSO Act, Police Station-Magorra, District-Mathura.
Learned counsel for the applicants submits that in this case applicants have falsely been involved for molestation/insult and assault on the basis of complaint filed by the opposite party no.2 with false allegations and even the learned court concerned did not apply its judicial mind while passing the order in question dated 9.5.2022 and, therefore, learned counsel for the applicant requested to quash the entire proceedings of the Complaint Case No.01 of 2021. It is also submitted that on the same facts, an F.I.R. as Crime No.260 of 2020 was also lodged under Sections 323, 324 IPC in which after investigation charge-sheet was also submitted but no averment regarding molestation was made in that case and after improvement this complaint was filed.
Learned A.G.A. opposed the prayer for quashing the entire proceeding and urged that in this case there is allegation against applicants made by the complainant- a victim and it was supported by the victim herself before the Court concerned while getting her statement recorded under Section 200 Cr.P.C. and it was also supported by the witnesses. Considering the facts and circumstances of the case, the court concerned passed order dated 9.5.2022 while summoning the applicants.
On considering the facts and circumstances of the case and submissions made by learned counsel for the parties, it appears that in this case, the allegations were made against the applicants for molestation/assault and insult with intimidation to kill.
Those allegations were supported by the victim in her statements. Learned court concerned considered the facts and circumstances of the case alongwith the statement of the victim and passed an order in question. There appears no any illegality or impropriety in the order but this application being devoid of merit, no indulgence can be granted in favour of the applicants at this stage.
However, the applicants have an option to move an appropriate application before the court concerned for consolidating both the cases which will be heard and decided by the court concerned on the basis of facts of both the cases. Further in case, applicants appear and move bail application before the court concerned within a period of 30 days, it shall be disposed of as expeditiously as possible in the light of the judgment of Hon'ble Apex Court in Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773.
Accordingly, the instant application is disposed of finally.
Order Date :- 22.11.2022
Jyotsana
