DHARAM DEO SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) WHEN the appellant was serving as Superintending Engineer in U. P. Electricity Board, one Vimla Devi filed a complaint on 2. 2. 1998, alleging that she had been engaged by the appellant as a maid servant a few days earlier, that on 1. 2. 1998, the appellant gave her some tablet which made her unconscious and when she regained consciousness she found that she had no clothes and that she was raped when she was unconscious. The police investigated and filed a report stating that no offence, as alleged, has been made out. The said Vimla Devi filed a protest petition. After hearing the protest petition, learned Chief Judicial Magistrate, Saharanpur made an order on 31. 8. 1998 summoning the petitioner to face the charges. The appellant made an application for recalling the said order. The same was rejected by order dated 11. 7. 2000. The appellant filed a petition under Section 482 Cr. P. C. before the Allahabad High Court challenging the orders dated 31. 8. 1998 and 11. 7. 2000. The High Court dismissed the petition by order dated 21. 8. 2000 holding that the petition was premature and the appellant could raise all contentions at the appropriate stage. The said order is challenged in this appeal filed by special leave.

(2.) LEARNED counsel for the appellant submitted that a false case has been set up against the appellant on account of the strict action taken by him against defaulting electricity consumers. He also submitted that the police had found that he had not committed the offence and his contentions were not considered by the learned magistrate while ordering summons.