RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been preferred by the petitioner-accused Ram Chandra u/S. 482 Cr.P.C. assailing the impugned order dated 5.11.2015 passed by the learned Sessions Judge, Sikar in Sessions Case No. 42/2013 (State of Raj. v. Bhagwan Singh) whereby learned Sessions Judge allowed the application of complainant u/S. 319 Cr.P.C. and took cognizance for offence u/S. 376 IPC and u/S. 3(1)(XII) of the SC/ST (Prevention of Atrocities Act) Cases and Section 3/4 of the Protection of Children From Sexual Harassment Act and summoning the petitioner-accused through arrest warrant in an application u/S. 319 Cr.P.C. before learned Sessions Judge, Sikar in Sessions Case No. 42/2013 for summoning the petitioner as an additional accused which was allowed by the learned trial court vide order dated 05.112015.

(2.) Being aggrieved by the said order, the petitioner has moved this petition u/S. 482 Cr.P.C.

(3.) Mr. Anoop Dhand, learned counsel for the petitioner submits that petitioner has not been named in the FIR and the statement of the prosecutrix was recorded u/S. 161 Cr.P.C. and also recorded u/S. 164 Cr.P.C. However, in all her statements recorded, she uttered the word "Bsdsnkj" Now during trial the prosecutrix in her statement had disclosed the name of the petitioner Ram Chandra. He submits that prosecutrix is a false witness and she is involved in the business of blackmail. Previously, also she lodged FIR twice for the offence u/S. 376 IPC wherein during trial she turned hostile. In the present case also in FIR, she levelled allegations against the accused. Without considering these facts, learned trial court ordered to summon the petitioner which is per se illegal, therefore, this misc. petition may be allowed and impugned order may be quash and set aside.