PREETI SHARMA Vs. STATE

JUDGEMENT

(1.) Feeling aggrieved by the summoning order dated 8 th July, 2014 and consequential framing of charge dated 13th October, 2014 by learned Additional Sessions Judge, Special Fast Track Court -II (Central), Tis Hazari Courts, Delhi in Sessions Case No.83/2013 arising out of FIR 248/09 u/s 376 IPC, present Revision Petitions No. 601/2014 and 656/2014 have been filed by the petitioner.

(2.) Facts germane to the filing of the present petition lie in a narrow compass. FIR in the instant case was registered on the basis of the statement of the prosecutrix wherein she alleged that her husband had suffered heart attack, as such, she was in financial difficulty. She met one Daya Nand Khatri at RML Hospital and apprised him about her problems. He offered her a salary of Rs.5000/ - besides transportation charges. She started working with him and used to go with him. About 5 -7 days prior to the registration of FIR, she went to the office of Oriflame, Connaught Place where she met Preeti and came to know about her because Preeti was a prior acquaintance of Khatri uncle and Khatri uncle told her not to talk to anyone without his permission. On 26th November, 2009, she reached Rajiv Chowk Metro Station at about 11:00 AM, however, Khatri uncle was not present there and told her that he would reach after about 1 -1 1/2 hour and asked her to sit in Palika. Meanwhile, Preeti came out of Oriflame office and took her upstairs and started talking to another lady about making her a member. After that she brought her outside the office. One person namely, Naresh Dahiya came and started talking to Preeti. Preeti told her that she will come within 10 -15 minutes and asked her not to go anywhere. She tried to talk to Preeti on telephone several times but the call was on waiting for more than 10 minutes. Naresh Dahiya told her that Preeti had gone from back door and asked her to accompany him. Naresh Dahiya took her in his car to Priya Guest House, Darya Ganj, Delhi where he committed rape upon her. Thereafter, she came out of the guest house in anger. She and Naresh Dahiya ate golgappa near Sablok Clinic. She informed Preeti that because of her, wrong thing had happened with her. Preeti came and informed the police. Ambulance came and took her to JPN Hospital. She prayed for action against Naresh Dahiya. During the course of her deposition before the Court, she stated that she also want action to be taken against Preeti and Daya Nand Khatri as they were hand in glove with accused Naresh Dahiya. Thereupon vide impugned order dated 8th July, 2014, Preeti and Daya Nand Khatri were ordered to be summoned as accused.

(3.) Learned counsel for the appellant has challenged the summoning order on the ground that neither in her initial statement made before the police which resulted in registration of FIR nor in her subsequent statement u/s 161 Cr.P.C. or 164 Cr.P.C. recorded by the Metropolitan Magistrate, the prosecutrix has leveled any allegations against the petitioner. It was for the first time that in her examination - in -chief before the Court, she merely stated that the petitioner was hand in gloves with Naresh Dahiya and prayed for action against her.