SURENDER PAL ANAND Vs. STATE

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Code of Criminal Procedure,1973 the petitioner-accused seeks quashing of the order dated 16th April, 2010 passed by the learned Metropolitan Magistrate in a criminal complaint under Section 200 Cr. P.C. filed by respondent no.1 herein against him and his wife as well as against her own husband whereby the petitioner was summoned as an accused for the commission of the offence punishable under Section 376 IPC for raping respondent no.2- complainant and complainants husband was ordered to be summoned for the commission of offences under Sections 323/506(II)/34 IPC.

(2.) THE relevant facts of the case noticed by the Magistrate and his findings in the order dated 16th April, 2010, which was passed after recording the pre-summoning evidence of respondent no.2­ complainant, are as under:-

(3.) MR . K.C. Mittal, learned counsel for the petitioner-accused submitted that the alleged incident of rape was committed in July, 2003 but the complainant did not report the matter to the police for many years and even the present complaint case in Court was filed in the year 2009 and so that delay by itself should have been considered by the learned Magistrate to be a good ground for throwing away the complaint at the outset instead of taking cognizance and summoning the petitioner. It was also contended that even though there is a reference in the impugned order to one complaint dated 18th July,2003 which the respondent no.2- complainant claimed to have lodged with the police but since no reference to that complaint was made in the complaint itself it is clear that was a fabricated document brought on record for the first time during pre-summoning evidence of the complainant.