Rajendra Singh vs State of U. P. - 2023 Supreme(All) 83

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 83

RAJESH BINDAL, J. J. MUNIR
Rajendra Singh – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Petitioner: Mr. Ashok Khare, with Mr. Ramanuj Yadav.
For the Respondents: Mr. Syed Ali Murtaza with Mr. Ankit Gaur.

ORDER :

1. Order dated July 26, 2022 passed by learned Single Judge has been impugned by filing present intra-Court appeal.

2. The appellant was before this Court impugning order dated November 21, 2020 passed by the Superintendent of Police, Jalaun whereby the representation filed by him was dismissed. It is a case in which the appellant was selected to the post of Constable vide selection list dated May 15, 2018. He received call letter dated June 9, 2018 for medical checkup and completion of other formalities. In terms thereof, the appellant was to appear for medical examination on June 12, 2018. The admitted case of the appellant is that immediately after coming to know about his selection as a Constable, his enemies in the village became active and a false First Information Report (hereinafter referred to as 'FIR') was registered against him on July 3, 2018 under Section 354A(1)(iv) of IPC. The allegation in the FIR is that the present appellant namely, the accused named in the FIR, has enticed the prosecutrix inside his house and used certain obscene words. Even in the statement got recorded by the prosecutrix under Section 161 Cr.P.C., she reiterated the stand taken in the co