CHUG SINGH Vs. VS STATE

JUDGEMENT

(1.) This criminal misc. petition under Section 482 CrPC is filed by the petitioner being aggrieved with the order dated 22.02.2017 passed by Additional Sessions Judge, Anupgarh, District Sriganganagar (hereinafter to be referred as 'the revisional court') , whereby it has dismissed the Cr. Revision No.24/2015, which was preferred by the petitioner against the order dated 20.03.2015 passed by Judicial Magistrate, First Class, Gharsana, District Sriganganagar (hereinafter to be referred as 'the trial court') in FR No.99/2014 arising out of FIR No.529/2013 of Police Station, Gharsana, whereby it has allowed two applications, one preferred on behalf of respondent No.2 and another on behalf of Deputy Superintendent of Police, Anupgarh for returning the case diary for the purpose of further investigation.

(2.) Brief facts of the case are that respondent No.2 filed the FIR No.529/2013 on 25.12013 at Police Station, Gharsana, District Sriganganagar against the petitioner, who was posted as Circle Inspector of Police and one unknown person aged about 25 years, inter alia, alleging therein that she lodged an FIR in the year 2011 against one Dr Manohar and a Compounder Ajay Swami at Police Station, Rani Bazar, Bikaner. The investigation of said FIR was being conducted by the petitioner. On 03.08.2013, the petitioner called her on her cell phone No.7568113017 at Gharsana and when she alighted at Bus Stand, Gharsana, petitioner came to receive her and took her to his quarter in a car bearing registration number of Maharashtra. At his quarter, one boy of 25 years was also present and in his presence, the petitioner committed rape with her thrice and thereafter he went out leaving the respondent No.2 in the room and put a lock on the room. Again in the night, the petitioner forcibly gave alcohol to respondent No.2, which she consumed and the petitioner also consumed alcohol and thereafter raped her twice. Next day, the petitioner dropped her at her house at Bikaner. On 19.09.2013 again the petitioner took her to his quarter at Gharsana from Bikaner and committed rape with her thrice after forcibly giving her alcohol and sent her to Bikaner by bus. On Karwachauth, petitioner went to her house and stayed there in the night and next day again, he took her to Gharsana and kept her at his house for three days, and every day he committed rape with her. It is also alleged that the petitioner demanded Rs.62, 000/- from her and her father but they failed to oblige him, then he forcibly took a gold chain from her as a Diwali gift, which is still with him. In the night of 27th September, 2013, the petitioner gave threatening to her on phone that she has to come to his house at Gharsana on the next day. On that day again he committed rape with her thrice in his house at Gharsana and threatened her not to disclose to anybody, otherwise he will kill her. Next day, the petitioner stayed in the house of the respondent at Bikaner, where her mother and father were also present and next day at about 5:00 A.M., he took her to Jodhpur and kept her in a Dharmshala situated at Ajit Colony, Jodhpur and again committed rape upon her. It is also alleged that on 16.10.2013, again the petitioner took her away to Jodhpur and on the way ahead to Nagaur, he committed rape upon her in his car. The petitioner used to come to her house at Bikaner and misbehave with her.

(3.) On receiving this information, the Police Station, Gharsana registered the aforesaid FIR against the petitioner for the offence punishable under section 376 (2) (A) (i) and 120-B IPC. Initially the investigation was conducted by Circle Inspector, Anupgarh, who was in receipt of a letter from the respondent No.2, wherein she requested to drop the complaint. Thereafter, the investigation of the case was transferred to Deputy Superintendent of Police, Raisinghnagar on the instructions of Inspector General of Police vide letter dated 06.01.2014. The Circle Inspector, Raisinghnagar continued with the investigation. From the case diary, it appears that the Circle Inspector, Raisinghnagar informed the Police Station, Raisinghnagar on 07.02.2014 that respondent No.2 is not cooperating in the investigation and is regularly making phone calls from her mobile to the investigating officer on his mobile and making frivolous allegations.