RAJEEV GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S. K. Tiwari, learned counsel for applicant, learned AGA for State and perused the material available on record.

(2.) Applicant has invoked jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as " Cr. P. C . ") challenging the order dated 31. 08. 2018, passed by Chief Judicial Magistrate, Kannauj, in Complaint Case No. 2386 of 2017, Smt. Neeraj v. Rajeev Gupta and Another, under Sections 376-D and 506 IPC, Police Station Chhibramau, District Kannauj along with entire proceeding of the said case, whereby applicant has been summoned to face the trial under the aforesaid Sections.

(3.) Brief facts giving rise to present case are that the complainant-Smt. Neeraj moved an application under Section 156(3) Cr. P. C. before the CJM concerned stating that on 4. 9. 2016, at about 7:30 pm, accused Rajeev Gupta and his friend Prashant came to her house by Car with driver and told that her brother was ill believing them she went with them by Car. They reached near Akbarpur stopped the Car at lonely place and accused persons Rajeev and Prashant molested her, put off her clothes by force and committed rape and took Rs. 9,000/- from her purse. Accused persons extended threat to kill her brother, if any complaint is made to anywhere. On the application of Informant, a Case Crime No. 99 of 2017 under the aforesaid sections in the Police Station concerned was registered. Matter was investigated by Investigating Officer who submitted final report. Protest application was made by Informant on the Final Report (FR) submitted by Investigating Officer, came to be registered as complaint case. Trial Court proceeded to record the statement of prosecutrix under Section 200 Cr. P. C. and statement of Shakuntala Devi (her mother) and Ishwari Devi under Section 202 Cr. P. C. , found prima facie evidence and sufficient ground for proceedings, summoned the present applicant to face the trial under the aforesaid Sections by impugned order dated 31. 8. 2018, which is under challenge.