NIRANKAR MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Suresh Chandra Pandey, Advocate holding brief of Sri Sushil Kumar Mishra, learned counsel for the applicant, Sri Rudra Pratap Singh, learned counsel for the informant and Sri B.A. Khan, learned A.G.A. for the State.

(2.) The present application has been filed with a prayer to quash the impugned order dated 25.5.2019 passed by Special Judge (SC/ST) Act, in Complaint Case No. 55 of 2018 under Sections 504/354 IPC and 3(1)(Dha) SC/ST Act, 1989, P.S. Ghorawal as well as entire proceedings of the aforesaid case.

(3.) As per the complaint, the opposite party no. 2, in order to obtain a house under Pradhanmantri Awas Yojna, had made an application and after inquiry by accused-applicant Nirankar Mishra in presence of Pradhan and Secretary it was found correct that she was entitled for a house and her name was entered at Sr. No. 33 in the list of beneficiaries. The co-accused Om Prakash Singh and other co-accused Moti Lal Verma had demanded Rs. 10,000/- from her to place her name in the final list but because of being poor, she could not arrange the said money. Despite that the co-accused Om Prakash after giving temptation to her that he would get the house allotted to her, took bribe from her of Rs. 5,000/-. One week thereafter the opposite party no. 2 was called by him and was told that she had already availed the benefit of the said scheme earlier, hence her name would be deleted. Being disappointed, she returned home and two-three days thereafter, when she obtained list of beneficiaries, she came to know that her name had been deleted. Feeling aggrieved on 20.8.2008, she gave an application to the Chief Minister, Prime Minister, Rashtriya Adhyaksh Mahila Ayog and D.M., Sonbhadra and also made a complaint at IGRS Portal. Because of this action on her part, co-accused Om Prakash Singh along with Moti Lal Verma became annoyed and submitted wrong report at the said Portal and her complaint was disposed of. Thereafter, on 15.10.2018 at about 10:00 am, the opposite party no. 2 was called at the Block and during the conversation going on, she was taken to a vacant room in the Block which belonged to B.D.O. and there she was abused and when opposite party no. 2 apologised hold with folded hands, the co-accused Om Prakash Singh addressed her as 'Randi' and closed the door, snatched her mobile and forcibly touched her breast, torn her blouse and established physical relationship forcibly and when she screamed out loudly, accused-applicant Nirankar Mishra came on the spot and became nervous having seen the condition of the opposite party no. 2 and directed the co-accused Om Prakash Singh to go to his seat. Thereafter, he took details from the opposite party no. 2 of the occurrence and thereafter he also pressed her breast and abused her using caste indicative words in filthy language and told her that whatever was done by the co-accused Om Prakash Singh, she deserves that only and expelled her from office. After being disappointed, opposite party no. 2 gave information of this occurrence to P.S. Ghorawal but she was not heard and was returned because the matter was related to B.D.O. Feeling disappointed on 17.10.2018, she gave a registered letter to S.P. Sonbhadra but no action was taken then she approached the court.