SANJEEV SAHU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajiv Lochan Shukla, learned counsel for the applicants and Sri Arun Pandey, learned counsel for the opposite party no. 2 and perused the record.

(2.) By moving this application under Sec. 482 Cr.P.C. the applicants seek to invoke the inherent jurisdiction of this court to quash the summoning order dtd. 29/11/2018 passed by the Special Judge, POCSO Act/Additional Sessions Judge, Court No. 6, Ghaziabad and the entire proceedings of Complaint Case No. 77 of 2018 (X Kumari Vs,. Sanjeev Sahu and others) whereby the applicants have been summoned to face the trial under Ss. 354, 354B, 452, 504, 506 IPC, Sec. 7/8 POCSO Act and Sec. 3 of SC/ST Act, Police Station Indrapuram, District Ghaziabad.

(3.) As per facts of the case, an application under Sec. 156 (3) Cr.P.C. was filed by the minor X Kumari on 1/10/2018 with the allegation that her parents do the work of ironing the clothes since last 17 years in Vartalok Apartment. They also do the work of washing the vehicles in the society. All the opposite parties (present applicants) have an evil eye on the applicant and her mother. The applicant and her mother have been misbehaved and molested many times at the hands of these persons, but because of the intervention of other people of the society, no complaint was made against them. They also used to eve tease them and on their protest they are given threat to turn out from the society. On 23/9/2018 (Sunday) at about 5.00 p.m. when her mother was doing iron on the clothes and she was studying sitting near her mother, all the five persons namely, Sanjeev Sahu, Dushyant Singh, Harish Chand Joshi, Mohan Lal and Uday Narayan, Dushyant using caste based words made sexual connotations, Harish Chand Joshi also made the same remarks against her, Uday Narayan caught hold of her, took her in the adjacent tin shed and torn her shirt. All the rest persons (opposite parties/the applicants) also came. Sanjeev Sahu caught hold of her hands and Mohan Lal caught hold of her legs. She was disrobed. She was crying but they were not ready to hear anything. As soon as Harish Chand Joshi entered his penis into her vagina, immediately on the hue and cry of the applicant and her mother, Shilpi Gupta and Sandeep Gupta, the residents of the same society and many other persons came, seeing them opposite parties made good their escape. After some time they again came, abused the applicant and her parents, destroyed the tin shed and other articles kept there. The police also came on the spot, but forcibly got written a different application from her. One policeman, Sachin Malik gave her threat also. On 25/9/2018, she sent a complaint to the S.S.P., but no case could be registered, hence, the prayer was made to issue a direction for lodging the FIR.