Akash Singh vs State of U. P. - 2023 Supreme(All) 840

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 840

IN THE HIGH COURT OF ALLAHABAD
Manju Rani Chauhan, J.
Akash Singh – Applicant
Versus
State of U.P. and Another – Opposite Parties
Application U/s 482 No. - 5577 of 2023
Decided On : 31-05-2023

Advocates:
Advocate Appeared:
For the Applicant : Mata Pher
For the Opposite Party : R S Dubey, Savita Dubey

Headnote:
Indian Penal Code, 1860 - Sections 147, 148, 323, 308, 427, 354, 452, 504, 506 - Criminal Procedure Code, 1973 - Section 482, 156, 200, 202 - Protection of Children from Sexual Offences Act, 2012 - Section 7, 8 - Rioting - Voluntarily causing grievous hurt - Attempt to commit culpable homicide - Applicant has preferred this application challenging proceedings of Session Case Police Station summoning order passed by Additional Sessions Judge - Held, Court in order to wreak vengeance and exert pressure applicant for earlier enmity which has been mentioned in order same could not be disputed by learned counsel for opposite party - Considered opinion criminal proceedings cannot be nipped in bud by exercise of jurisdiction because complaint has been lodged possible that a false complaint may have been lodged political opponent possibility would not justify interference criminal proceedings possibility of retaliation petitioners by closure of earlier criminal case cannot be ruled out - Application stands allowed.

JUDGMENT :

1. The applicant has preferred this application under Section 482 Cr.P.C. challenging the proceedings of Session Case No. 538 of 2022 (Complaint No. 50/2022), State v. Aakash Singh under Section 354 IPC and Section 7/8 Protection of Children from Sexual Offences Act, 2012 (POCSO), Police Station Tarkulawa, District Deoria, as well as summoning order dated 01.11.2022 passed by the Additional Sessions Judge/ Special Judge, POCSO, Court No. 1, Deoria passed in the aforesaid case, pending in the Court of Special Judge (POCSO Act), Court No. 1, Deoria.

2. Brief facts of the case are that an application under Section 156(3) Cr.P.C. was moved by opposite party no. 2 against the applicant - Akash Singh S/o Sri Ganesh Singh, Ritesh Singh S/o Arvind Singh, Balmiki S/o Pawhari and Krishna Singh cousin of Akash on 10.02.2022 with the allegation that all the aforesaid persons teased 15 year old daughter of opposite party no. 2, who is student Class-VIII while she went and returned from School. They pass unparliamentary remarks, try to intercept her and click photographs of her by their mobiles. It has further been alleged that on 13.01.2022 at about 06:00 a.m. when the daughter of opposite party no. 2 was sleeping in verandah, Akash Singh entered the house and started doing objectionable acts with her. He also tried to outrage her modesty. On hearing the screams of the victim, the opposite party no. 2 Mohan Sharma along with his wife Urmila Devi ran to the place, on seeing them approaching, Akash while using abusive language ran away from there. He also threatened and blackmailed the victim of making photographs and video of her viral. It has also been alleged that the victim was in a state of shock. The aforesaid application has been treated as a complaint case by order dated 04.04.2022 and after recording statements under Sections 200 and 202 Cr.P.C., the applicant has been summoned.

3. Learned counsel for the applicant submits that the present case has been instituted maliciously with an ulterior motive of wrecking vengeance due to earlier dispute between the parties. Laying emphasis on an order dated 04.04.2022 by which an application under Section 156(3) Cr.P.C. has been treated as complaint case, he submits that a police report was called from the police station, according to which house of the applicant is in the vicinity of opposite party no. 2. The nephew of opposite party no. 2, namely, Rishi Sharma had enticed away daughter of Ganesh Singh (sister of the applicant). When she returned back, a compromise was entered between the parties on 07.03.2021. The opposite party no. 2 was also a witness to the aforesaid compromise. On 10.06.2021, an incident took place wherein there was a fight between the family of opposite party no. 2 and the applicant, for which an information was given by Palkiya Sharma (relating to family of opposite party no. 2), for which a first information report was lodged on 29.01.2022 which was registered as Case Crime No. 36 of 2022, under Sections 147, 148, 323, 308, 427, 452, 504, 506 IPC. The investigation regarding the aforesaid incident was being done by the police personnel. Ganesh Singh (father of of the applicant) had lodged an NCR No. 51 of 2021, under Sections 323, 504, 506 IPC against the opposite party no. 2 and four others. It has also been stated in the police report that both parties have moved applications for lodging cases against each other after exaggerating the incident, if any. Regarding the incident dated 31.01.2022 it has been stated in the police report that prima facie no such incident had happened and no case for the aforesaid incident has also been lodged.

4. The records of Case Crime No. 36 of 2022 as well as NCR No. 51 of 2021 were before the court concerned who had passed the order dated 04.04.2022. The discussion of the NCR also finds place in the aforesaid order, wherein NCR No. 51 of 2021 was lodged by father of the applicant against Mohan Sharma and his wife, due to old