VIJAY SHUKLA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The brief facts, which engage consideration in the present C-482 Application, are the applicants to the present C-482 Application has put a challenge to the charge sheet, which has been against him/or establishment of charges, under Ss. 313, 376 and 506 of the IPC and Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. As a consequence of submission of the charge sheet, the learned Sessions Judge, District Champawat, has taken cognizance and has issued an order of summoning of the present applicant dtd. 25/4/2022, for his participation in Sessions Trial No. 41 of 2022, State vs. Vijay Shukla.

(2.) The genesis of the dispute was having its origin, as a consequence of the registration of the F.I.R. No. 20, dtd. 4/3/2022, which was said to have been registered by the complainant/respondent No. 2, herein, for trying the named accused person therein i.e. the applicant, as well as one other co-accused person, Anita Samant. The set of allegations which were leveled in the F.I.R. thus registered on 4/3/2022, she admits the fact, that there was a professional relationship of an Advocate and a client between her and the applicant, who was a practicing advocate and the respondent/complainant, was his client. She has submitted that owing to a false impression, and assurances, which was been given by the present applicant, that he is a divorced person and, on an assurance, extended by him, that he will be getting married with her, on that false assurance, she admits the fact, that she was having a regular physical relationship with the present applicant. She further submitted that as a consequence of the physical relationship of her's with the present applicant, she conceived and later on she got herself aborted owing to the pressure, which was said to have been exercised by the present applicant.

(3.) It was further averred in the set of allegation of the F.I.R., that some lady, has been consistently giving false calls and threats to the complainant namely, Anita Samant, threatening her to discontinue the relationship, which the complainant, which she admittedly has enjoyed, with the present applicant, on the pretext, that she was threatening her to discontinue the relationship, because existence and continuance of a relationship with a married man itself would be adverse to the interest of the complainant and further she submitted that the complainant was threatened by her, owing to the various affinities which she had with the superior authorities, based on which Anita Samant was pressurizing her to discontinue the relationship with the present applicant. The matter was put to investigation, and ultimately, the Investigating Officer after examining as many as 10 witnesses, had submitted his charge sheet under sec. 173 of the Code of Criminal Procedure, which was numbered as Charge Sheet No. 35 of 2022, dtd. 12/4/2022.