PARDEEP ALIAS PARDEEP KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been preferred under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') seeking quashing of supplementary report under Sec. 173(8) Cr.P.C (Annexure P-6) as well as the order dtd. 26/9/2016 (Annexure P-7) passed by the learned Additional Sessions Judge, Kaithal whereby the objections of the petitioner against filing of a supplementary report under Sec. 173(8) Cr.P.C were dismissed, in the case stemming from FIR No.113 dtd. 22/7/2015 registered under Ss. 354-A, 354-B IPC at Police Station Rajound.

(2.) Briefly, the facts, as alleged by the prosecution, are that the petitioner obtained the mobile number of the respondent No.2 and would talk to her in a filthy language. He would ask her to make physical relations with him but she refused multiple times. Subsequently, the petitioner came to her house on a motorcycle. He stepped into her bedroom and tried to rape her. The respondent No.2 threw chili powder on him and locked him in the room. She raised alarm causing the petitioner to run away through the roof. A crowd gathered, hearing her screams, and damaged the motorcycle of the petitioner, parked outside the house of the respondent No.2.

(3.) On completion of investigation, the final report under Sec. 173(2) Cr.P.C. was submitted on the basis of which, learned Judicial Magistrate Ist Class, Kaithal (hereinafter 'JMIC') framed charge under Sec. 354-A IPC. Thereafter, respondent No.2 moved an application dtd. 31/7/2015 before the National Scheduled Caste Commission seeking offences under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter 'SC/ST Act') to be added to FIR(supra).