SWAMI CHINMAYANAND Vs. STATE OF U.P.

JUDGEMENT

(1.) Battery of lawyers headed by Sri Dileep Kumar, learned Senior Advocate assisted by Sri Rajrshi Gupta, Manish Singh, Raj Kumar Singh Chauhan for the applicant, Sri Ravi Kiran Jain, learned Senior Advocate assisted by Sri Swetashwa Agarwal, learned counsel for the complainant, Sri SK Pal, learned G.A., Sri Ghanshyam Kumar, learned AGA assisted by Sri Mohd. Afzal, brief holder were heard at length.

(2.) The pleadings between the parties have been exchanged and matter is ripe for final arguments.

(3.) The instant is a much discussed case in the social media/news papers which has created upheaval and turmoil in the society whereby the accused applicant Chinmayanand, Ex-Member of Parliament who once also adorned the post of Minister for internal affairs in the Government of India is suffering incarceration in jail since 20th August, 2019 in connection with Case Crime No. 0445 of 2019, P.S. Kotwali, District Shahjahanpur. The FIR of the case was initially registered by Harish Chandra Sharma, father of the alleged victim, Miss "A", on 27.08.2019 under sections 364 and 506 IPC at P.S. Kowali, District Shahjahanpur naming the applicant Swami Chanmayanand, Rector of SS Law College, Shahjahanpur as well as certain other persons. Eventually, an Special Investigating Team, constituted on the directions of the Hon'ble Apex Court, when the Hon'ble Apex Court has taken a suo moto cognizance Writ (Crl) No. 2 of 2019, entitling "In Re- MISSING OF AN LL.M. STUDENT AT SWAMI SUKHDEVANAND LAW COLLEGE (SS LAW COLLEGE), FROM SHAHJAHANPUR, U.P., vide its direction dated 02.09.2019. The aforesaid team, after collecting the evidence during investigation, submitted its report under section 173 (2) of the Code of Criminal Procdure (in short " Cr.P.C .") under sections 376-C , 354-D , 342 and 506 IPC against the sole named accused- Swami Chinmayanand alias Krishna Pal Singh and learned Magistrate took cognizance for the aforesaid offence against the accused.