The main legal point established in the judgment is that an investigation conducted without the prior permission of the Magistrate, as mandated under Section 155(2) of Cr.P.C., is illegal and renders the subsequent proceedings void. Additionally, the judgment emphasizes the need for the victim's testimony to be consistent and of sterling quality to establish credibility.

JUDGMENT :

1. Heard Mr. Chandrachud Pandey, Advocate holding brief of Mr. Anil Kumar Srivastava, learned counsel for the applicant, Mr. Ishir Sripat, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned counsel appearing for the State as well as perused the entire material available on record.

2. The present 482 Cr.P.C. application has been filed to quash the charge sheet No.57 dated 20.02.2021 and cognizance/summoning order dated 31.03.2021 as well as the entire prosecution of Criminal Case No.13805 of 2021 (State vs. Shivam Solanki), arising out of Case Crime No.504 of 2020, under Sections 323, 504, 506, 427, 386, 376 and 511 IPC, Police Station-Hariparvat, District-Agra, pending before the court of Chief Judicial Magistrate, Agra.

3. Brief facts of the case are that for the incident dated 26.12.2020 at about 08:00 hrs, NCR was lodged on 27.12.2020 under Sections 323, 504 and 506 IPC alleging therein that daughter of opposite party no.2, namely, Riddhi was called by the applicant at the gate of Ram Nagar Colony, using unparliamentary language, when Riddhi objected the same, the applicant assaulted her. On alarm being raised by opposite party no.2, persons of the locality reached there, where upon the applicant ran away giving threat to kill. On the NCR, so lodged, the Investigating Officer investigated the matter, collecting evidence by means of recording statements, medical and taking note of broken mobile i-phone and converted, the aforesaid NCR into FIR as is evident from Parcha No.52 dated 31.12.2020. Thus, an FIR was registered as Case Crime No.504 of 2020, under Sections 323, 504, 506, 354, 427 of IPC against the applicant. After registration of the FIR dated 31.12.2020, the Investigating Officer has prepared the fard of broken mobile, which belongs to injured. For the first time, on 01.01.2021, the statements of the complainant and victim Riddhi under Section 161 Cr.P.C. was recorded by the Investigating Officer, the statement of the victim under Section 164 Cr.P.C. was recorded on 06.01.2021. During investigation, the Investigating Officer has found that no offence under Section 354 IPC was made out against the applicant and, therefore, he has deleted the aforesaid section and added sections 354B and 386 IPC on the basis of statement of the victim under Section 164 Cr.P.C. as is evident from C.D. No.48 dated 06.01.2021. Thereafter, the second statement of the complainant, namely, Vishal Wadhwa and injured, namely, Riddhi Wadhawa under Section 161 Cr.P.C. were recorded on 03.02.2021. Subsequently, the charge sheet was submitted on 20.02.2021 against the applicant under Sections 323, 504, 506, 427, 386, 376, 511 IPC, pursuant to which, the applicant has been summoned vide order dated 31.03.2021 in the aforesaid sections.

4. Learned counsel for the applicant, before addressing the Court on merit, has raised a legal submission that Section 155(2) of the Cr.P.C. mandates that no investigation can be conducted against the accused in an offence that is non-cognizable without the express permission of the learned Magistrate, therefore, as the procedure provided under Section 155(2) Cr.P.C. has not been followed in the present case prior to lodging of the FIR, which is mandatory requirement, hence, all consequential proceedings pursuant to the initiation of an illegal action would not be justified in the eyes of law.

5. So far as the merit of the case is concerned, learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. Initially, when the NCR was lodged, there were only allegations of using unparliamentary language and beating the victim and threatening to kill her, whereas without obtaining permission from the Magistrate concerned as is mandatory in under Section 155(2) Cr.P.C., the police has conducted the investigation and lodged the FIR. He further submits that there are no allegation of sexually assaulting the victim in the version of FIR nor an