Allahabad High Court
Ram Kumar vs State Of U.P. &Ors. on 25 June, 2021
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- U/S 482/378/407 No. - 2235 of 2020 Applicant :- Ram Kumar Opposite Party :- State Of U.P. &Ors. Counsel for Applicant :- Dinesh Kumar Shukla Counsel for Opposite Party :- G.A.,Amar Singh Hon'ble Rajeev Singh,J.
The Court convened through video conferencing.
Heard Shri D.K. Shukla, learned counsel for the applicant, Shri Vipul Gupta, learned A.G.A. for the State, Shri Amar Singh appearing for respondent nos. 2 and 3 and perused the material brought on record.
This application has been filed for quashing the order dated 08.07.2020 passed by Additional Sessions Judge/Special Judge, POCSO Act, Gonda in Case No. 144 of 2020, (Ram Kumar Vs. Ramji Lal & Anr.).
Learned counsel for the applicant submits that respondent no. 2 eloped with daughter of the applicant and enticed her away on 22.11.2019. He further submits that the applicant moved application under Section 156(3) Cr.P.C. In the application, it is also alleged that some cash along with ornaments were also taken away by the daughter of the applicant along with respondent no. 2. Thereafter, respondent no. 2 kept the prosecutrix in a guest house at Rampur and committed rape. Learned counsel for the applicant vehemently submits that application under Section 156(3) Cr.P.C. was moved on 09.06.2020 in the court of Special Judge, POCSO Act, Gonda with the request to lodge F.I.R. against respondent no. 2, but the court below, after calling the report, vide impugned order dated 08.07.2020 registered the aforesaid application as a complaint case with the further direction to the applicant to appear for recording his statement under Section 200 Cr.P.C. It is further submitted that in the present case, allegations are of rape and, in such circumstances, medical of the prosecutrix is necessary and the same is possible, only if the investigation is conducted after lodging of the F.I.R. It is, thus, submitted that the indulgence of this Court is necessary.
Learned A.G.A. as well as learned counsel for the respondent nos. 2 and 3 submit that it is undisputed that the incident had taken place on 22.11.2019, which fact is mentioned in the complaint itself, however, the application was moved on 09.06.2020, i.e., after 7 months. In such circumstances, medical of the prosecutrix will have no purpose and the court below has committed no error in treating the application as a complaint case. It is also submitted that only with the intention to victimize the private respondents, the applicant is eager in lodging of the F.I.R. only with the intention of arresting of the private respondents and nothing else.
Considering the arguments advanced by the learned counsel for the parties and going through the record, it is evident that the date of incident, as mentioned in the complaint, is 22.11.2019, however, the application was moved on 09.06.2020. There appears to be no illegality in the impugned order dated 08.07.2020, by which the court below registered the case of the applicant as a complaint case.
In view of above facts and circumstances, the application stands dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.6.2021 VKS