Allahabad High Court
Abdul Rashid And 3 Others vs State Of U.P. And Another on 31 October, 2022
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- APPLICATION U/S 482 No. - 22221 of 2022 Applicant :- Abdul Rashid And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mazhar Ullah Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been moved with prayer to quash the impugned summoning order dated 23.05.2022 passed by Special Judge POCSO Act, Rampur in Complaint Case No.76 of 2021 (Mohd. Iqbal vs. Abdul Rashid and others), under Sections 323, 354-B, 506 I.P.C. & Section 7/8 POCSO Act, Police Station Tanda, District Rampur.
It is submitted that in this case applicants have falsely been prosecuted by the complainant with false allegations for making assault and molestation with a minor child. It is also submitted that son of the applicant no.1 Abdul Rashid was in relation with the victim regarding which an F.I.R. was lodged as Crime No.93 of 2021, under Sections 363, 366, 504, 506 I.P.C. against him in which he was sent to jail. Later on this false story of assault and molestation was developed and other members of his family (present applicants) were named and an application u/s 156(3) Cr.P.C. was moved before the court concerned which was treated as complaint. After recording the statements of the complaint and other witnesses applicants were summoned without taking into consideration the fact that on the previous occasion aforesaid case was registered against the son of the applicant no.1. The learned court concerned did not consider the fact that this case was registered only for the purpose of making harassment of the applicant because counter-affidavit in that case was called by this Court and coercive steps were prevented by order dated 27.04.2022 passed in Application u/s 482 Cr.P.C. No.1788 of 2022. In this way, the summoning order passed by the learned court below is not sustainable and requested to quash the entire proceedings of the case.
Learned A.G.A. opposed the prayer for quashing the proceedings of the case and urged that in this case complainant, victim and other witnesses were examined before the court concerned as PW-1 to PW-4 u/s 200 & 202 Cr.P.C. in which they supported the version as made in the complaint. After considering the material on record learned court had summoned the applicants. There is no any illegality in the order passed by learned trial court but this application being devoid of merit is liable to be dismissed. He also urged that applicants may have an option to move for discharge at an appropriate stage before the court concerned.
Considering the facts and circumstances of the case and submissions made by learned counsel for the parties and from perusal of record, it appears that the incident relating to Crime No.93 of 2021 363, 366, 504, 506 I.P.C. registered against the applicants was different to that of the incident regarding which present complaint was made. The allegations made in the complaint were supported by the complainant in his statement recorded u/s 200 Cr.P.C. and other witnesses including the victim as PW-4. The victim herself made the version as mentioned in the complaint.
From perusal of record prima facie case is made out against the applicants and the learned court concerned passed the order in question after considering the material on record. At this stage, the veracity of the statements of the victim as well as other witnesses cannot be tested and said to be false but it is possible only during trial. Therefore, this Court is not inclined to accept the prayer for quashing the summoning order. However, applicants have option to raise their plea before the learned trial court at the stage of discharge which will be taken into consideration by the court concerned while deciding their application for discharge.
Accordingly, the application u/s 482 Cr.P.C. being devoid of merit is, hereby, dismissed.
Order Date :- 31.10.2022 Ashok Gupta