Allahabad High Court
Kallu @ Uday Yadav And Others vs State Of U.P. And Others on 18 July, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- APPLICATION U/S 482 No. - 22085 of 2019 Applicant :- Kallu @ Uday Yadav And Others Opposite Party :- State Of U.P. And Others Counsel for Applicant :- K.K. Tripathi Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri K.K. Tripathi, learned counsel for the applicants, 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 impugned order dated 08.11.2017 passed by Special Judge POCSO/A.D.J., Court No. 14, Kanpur Nagar in S.S.T. No. 710 of 2017 (State vs. Raja Yadav) arising out of Case Crime No. 422 of 2015 under section 363, 366, 368, 376 and 120B IPC, Police Station Sachendi, District Kanpur Nagar and a direction to be issued to A.D.J. Court No.14, Kanpur Nagar for NORCO Test and D.N.A. Test of newly born baby of victim and co-accused Ajay Kumar and also a prayer is made to stay the proceedings in this case till the disposal of this application.
It is argued by the learned counsel for the applicant that the name of the co-accused Ajay Kumar has emerged during investigation who has been impleaded by him as opposite party no. 3, in fact, he was father of the child born from the victim Shanti Devi who is the daughter of opposite party no. 2, therefore, NORCO test as well as DNA test should be directed to be conducted by the investigating agency, of the said co-accused Ajay Kumar and newly born child so as to establish that actually he was the father of the child and not the accused Raja Yadav.
Learned counsel for the applicant was provided opportunity to produce law established in this regard as to whether accused has any right after submission of charge-sheet to make a request for further investigation but no such law could be shown except the judgment passed by Punjab and Haryana High Court in Crl. Misc. No. M-31938 of 2011 dated 01.08.2012 in which facts were that 12-13 years back the petitioner was under the influence of respondent no. 3 Mann Singh, Sarpanch of village Hawas, Rohan Road, Ludhiana who had developed illicit relations with the petitioner which continued for many years and out of their illicit relationship a female child has born. It was also alleged that Sarpanch used to force the petitioner to have illicit relations with his friends. When the petitioner refused to have physical relations with him and his friends, respondent no. 3 started black-mailing the petitioner and committing rape upon the petitioner in the year 2009 forcibly without her consent. The petitioner had submitted a representation before the SSP, Ludhiana and to the Police Commissioner, Ludhiana but no action was taken. The petitioner filed Crl. Misc. No. M-3165 of 2010 wherein vide order dated 27.10.2011, direction was issued to decide the representation within two months. It was submitted that no proper investigation was carried out by the investigating agency, no blood grouping, DNA test of the petitioner, of daughter of the petitioner and respondent no. 3 had been conducted. Respondent no. 3 was alleged to be an active member of the ruling Akali Dal Party and was the village Sarpanch, who had considerable influence on the police. It was also alleged that a close friend of respondent no. 3 was also posted in the Police Station and had been helping the petitioner. In such background of the matter, an Application u/s 482 was moved for a direction to the respondent no. 2 Commissioner of Police, Ludhiana to supply the outcome of the representation dated 07.10.2011 given by the petitioner and also for direction to conduct DNA test of the respondent no. 3 Maan Singh Sarpanch, petitioner and daughter of the petitioner, in the interest of justice. After consideration of the matter, Court had directed the respondent no. 3 to undergo DNA paternity test in a laboratory within a period of thirty days from receipt of the order and result of it was to be submitted within a period of 90 days.
Learned A.G.A. has vehemently opposed the prayer for quashing of the impugned order.
It is apparent from the facts of the case cited above that in the said case the victim had moved the court when she did not get relief from police authority for fair investigation and hence she sought a direction to be issued by the Court but in the present case admittedly the charge-sheet has been submitted against the accused-applicant nos.1 to 6 to face trial and therefore the facts of the above-mentioned case are totally different from the facts of the present case and hence the said rulings would not give any help to the applicants.
In the present case the applicants were accused and have sought a direction to be issued to the investigating agency that DNA test and Norco test be got conducted of the accused Ajay Kumar, opposite party no. 3 as well as the victim and the child born out of her which cannot be permitted under law.
In view of the aforesaid, I do not find any force in the present applicant, the same deserves to be dismissed and is accordingly dismissed.
Order Date :- 18.7.2019 AU