R.P. DWIVEDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has filed this petition under Sec. 482 of the Cr.P.C. for quashing of the order dtd. 13/6/2023 (Annexure P/1) passed by the learned Special District and Sessions Court, FTSC (POCSO), Durg, District- Durg (C.G.) in Criminal POCSO Case No. 1628/2023 by which the learned Special Judge has directed for issuance of notice to the respondents/proposed accused as per provisions of Sec. 195 of the Cr.P.C. for offence enumerated in Sec. 193 of the Cr.P.C. and Sec. 471 of I.P.C. enquiry is required to be made, therefore, notice to the respondents/proposed accused is necessary and directed them to submit reply to the complaint made by the applicant.

(2.) The brief facts of the case are that the applicant filed a complaint under under Ss. 167, 192, 193, 197, 203, 468, 469, 471, 499, 500, 120(B) of IPC and Ss. 21, 22 and 23 of Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') before the learned Fourth FTC/Additional Sessions Judge, Durg on 5/6/2023 against respondent Nos. 2 to 9 mainly contending that on written complaints dtd. 14/8/2016 and 16/8/2016 lodged by respondent No. 1 who is Principal of D.P.S. School, offence under Ss. 354, 354 (K) and Sec. 7 and 8 of POCSO Act has been registered against the present applicant bearing Crime No. 223/2016. The applicant was arrested on 17/8/2016. It has been further contended that the learned Special Judge after appreciating the evidence, material placed on record, has acquitted the accused. The learned trial Court while appreciating the material on record, has recorded its finding that FIR and proceedings drawn against the present applicant are doubtful and without default of the applicant, he had to remain in jail for 379 days, thus, the applicant is a sufferer of conspiracy committed by the respondents, therefore, he has filed the complaint for prosecution against all the respondents including respondent No. 9 who is a public servant. The applicant has already moved an application for permission to prosecute respondent No. 7 and as soon as he receives the sanction, he will produce copy of the same before the Court.

(3.) It has also been stated that the conduct of the respondents falls within the ambit of offence under Ss. 167, 192, 193, 197, 203, 468, 469, 471, 499 and 500 and 120B of the IPC read with Sec. 21, 22, 23 of the POCSO Act, 2011. The complaint was filed on 5/6/2023 and the learned trial Court has fixed the case on 19/5/2023 for consideration on the complaint which was adjourned to 13/6/2023, on 13/6/2023, the learned trial Court has passed the impugned order directing the respondents to submit reply to the complaint and fixed the case on 27/7/2023. This order is being assailed by the applicant by filing the petition under Sec. 482 of the Cr.P.C. for quashing of the impugned order.