KAMAL PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Santosh Yadav, learned counsel for the applicant, Sri Bhaiya Ghanshyam Singh, learned A.G.A. appearing for the State and perused the record. This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge sheet bearing No. 01 of 2019 dated 12.02.2019 under Sections 366, 376, 328, 323, 506, 406 of IPC arising out of First Information Report No. 2371 of 2018, Police Station Shahibabad, District Ghaziabad along with cognizance order dated 18.03.2019 in Criminal Case No. 10724 of 2019 passed by Chief Judicial Magistrate, Ghaziabad together with the entire proceeding of the said Criminal Case pending in the Court of Chief Judicial Magistrate, Ghaziabad and also a prayer is made to stay the proceedings of this Criminal Case till the disposal of this application.

(2.) It is argued by the learned counsel for the applicant that the accused applicant has been falsely implicated by the opposite party No. 2 who is the mother of the victim because the victim wanted to marry him. Attention is drawn to page - 31 of the paper book, which is the statement of opposite party No. 2 recorded by the Investigating Officer. In her statement the opposite party No. 2 has stated that she suspects the involvement of the accused-applicant in this case. Thereafter, the learned counsel for applicant has also drawn the attention of this Court to page No. 34 of the paper book, which is a copy of the G.D. Details dated 22.09.2018 and on the basis of it, it is argued that both the opposite party No. 2 as well as her daughter had themselves gone to the police station to get their statement recorded, which clearly suggests that she was not abducted by the accused applicant and this prosecution case is false. Attention has also been drawn to page - 35 of the paper book, which is statement of the victim recorded under Section 161 Cr.P.C. in which allegation of rape has been made upon the accused applicant who after committing rape upon her, had given assurance to marry her and subsequently, when she said to marry he committed mar-pit with her and refused to marry. At page No. 44 of the paper book, is the injury memo, which shows that no injury found on the person of the victim. It is further submitted that in the statement recorded under Section 164 Cr.P.C. which is at page No. 46, she has levelled false allegation against the accused applicant of having committed rape upon her and also she has tried to implicate the brother of the applicant for the first time. This statement was recorded twenty days after the occurrence and it is argued that this statement would reflect that the victim and accused applicant were having close friendship and used to love each other and accused had given her assurance that he would marry her. Thereafter, it was argued that in the said statement this allegation is false that some intoxicating substance was given to her in cold drink and thereafter rape was committed upon her by the accused applicant. Attention has also been drawn to one application made by the victim to Station House Officer, which is annexed at page No. 67 of the paper book. In this application she has clearly stated that she was not having cordial relation with her mother as she used to harass her and she wanted to live alone as she had become major. Pointing out this application, it was argued that the victim has falsely implicated the accused applicant because she wanted to marry the applicant and was annoyed with her mother. Lastly, it is submitted by the learned counsel for applicant that these facts have been ignored by the Investigating Officer and the charge-sheet has been submitted in a routine manner, which is nothing but an abuse of the process of Court and in the interest of justice, the charge sheet deserves to be quashed by this Court.

(3.) Learned A.G.A. has vehemently opposed the prayer for quashing of the charge-sheet and has stated that the evidence which has been collected by the Investigating Officer cannot be looked into in this Application under Section 482 Cr.P.C. as the same would require trial. Reliance has been placed by the learned A.G.A. upon the decision pronounced very recently in Criminal Appeal No.675 of 2019 (Arising out of S.L.P. (Crl.) No.1151 of 2018) (Md. Allauddin Khan Vs. The State of Bihar and Ors.) decided on 15th April, 2019, Supreme Court observed as to what should be examined by High Court in an application under Section 482 Cr.P.C. and in paras 15, 16 and 17 said as under: -