GIRISH CHANDRA SHARMA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure (for short "the Code") is directed against the order dated 9.1.2013 passed by the learned Chief Judicial Magistrate, Patna in S.K. Puri P.S. Case No. 278 of 2012, whereby finding a prima facie case to be made out under Ss. 376/511 of the Indian Penal Code (for short "IPC"), the petitioner has been summoned to face trial. By the said order, the learned Chief Judicial Magistrate has made over the case to another Judicial Magistrate for enquiry and commitment. The First Information Report (for short "FIR") of S.K. Puri P.S. Case No. 278 of 2012 was registered on the basis of a written report submitted by one Savita Mishra to the Officer -in -Charge of the S.K. Puri Police Station on 30th November, 2012. The informant has alleged in the FIR that she was a tenant in the house of one Tarkeshwar Singh in Mohalla -Gandhi Nagar falling within the jurisdiction of Sri Krishnapuri Police Station. On 30th November, 2012 at about 6.00 p.m. her daughter Soni Kumari aged about 8 years had gone up on the roof of the house for playing. When she did not come back after lapse of some time, she sent her son Rahul to call Soni Kumari. After some time, his son Rahul and daughter Soni Kumari came down from the roof. She found that both were a bit frightened. She saw a currency note of Rs. 10/ - denomination in the hand of her daughter Soni Kumari. When she enquired from her, she started crying and disclosed that the petitioner had called her up on the roof to take toffee. Thereafter, he took her in a room and put her on his lap. At that time he had unfastened the zip of his pant. He started kissing her but in the meantime, Rahul came and when he opened the door, the petitioner left her and fled away towards kitchen. She also disclosed that the petitioner had given her Rs. 10/ - and asked her not to disclose about the incident to anyone.

(2.) It has further been alleged that when the informant came to know about the entire incident, she made a hue and cry, as a result of which several persons of the locality assembled and assaulted the petitioner. Somehow the informant intervened and saved him from lynching by the mob. She also informed the police regarding the occurrence pursuant to which the police came and arrested the petitioner.

(3.) On the basis of the aforesaid allegations, an FIR was registered under Sec. 354 IPC. The police investigated the case and on conclusion of investigation submitted a report under Sec. 173(2) of the Code against the petitioner. He was sent up for the offences under Ss. 376/511 IPC. After receipt of police report, the learned Chief Judicial Magistrate took cognizance of the offence under Sec. 376/511 IPC and vide order dated 9.1.2013 made over the case to another Judicial Magistrate for enquiry and commitment. The aforesaid order dated 9.1.2013 is under challenge before this Court.