SURENDRA YADAV, S/O LATE JAGDISH YADAV, RESIDENT OF VILLAGE MANJHANE, P.O.+P.S.GAWAN, DISTRICT Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Invoking the inherent power of this Court under Sec. 482 of the Code of Criminal Procedure, the petitioner has approached this Court for quashing of First Information Report dated 10.05.2015 along with entire criminal proceeding which has been lodged against the petitioner under Sections 376(C), 511 of the Indian Penal Code and Sec. 3/4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in connection with Gawan P.S. Case No. 52 of 2015 corresponding to G.R. No. 1414 of 2015.

(2.) The prosecution case, in nutshell, is that the informant-Radha Devi lodged an F.I.R. before the police on 10.05.2015 with the allegation that on 10.05.2015 at about 12.30 p.m. the petitioner came to her house and started abusing her after and also abused her after taking her caste name and subsequently forcibly pulled her inside the house and tried to molest her. When the informant and her children started shouting, the petitioner fled away. Upon such information Gawan P.S. Case No. 52 of 2015 was instituted against the accused persons.

(3.) Assailing the continuation of the criminal proceeding, on the basis of the F.I.R. as bad in law as the petitioner nowhere involved in the alleged offence as narrated in the F.I.R. and the entire allegations are false and concocted, learned counsel for the petitioner submitted that there are no evidences to attract Sections 376, 511 I.P.C. and Sections 3/4 of S.C./S.T.(Prevention of Atrocities) Act and offence does not come under the purview of said Act. It is further submitted that the petitioner has been implicated in this case due to grudge and animosity and from bare perusal of the F.I.R. it reveals that it is malice prosecution and as such the F.I.R. be quashed.