IMPORTANT POINT
Unexplained delays in lodging FIRs can undermine the prosecution's case, leading to quashing of charges.

JUDGMENT :

Rajeev Misra, J.

Criminal Misc. Correction Application No. 7 of 2023

Heard Mr. Amit DagA, the learned counsel for applicants and the learned A.G.A. for state.

2. This correction application has been filed seeking correction in the order dated 4.1.2023

3. Perused the correction application.

4. Upon perusal of correction application, this Court finds that there are numerious clerical mistakes in the order dated 4.1.2023.

4-A. For the facts and reasons noted above and as mentioned in the affidavit filed in support of correction application, the same is liable to be allowed.

5. In view of above, instead of making corrections in the order dated 4.1.2023, a corrected order is being passed. The same is being uploaded on the Website of the High Court Allahabad and the same be treated as the correct copy of the order dated 4.1.2023.

''Case : APPLICATION under Section 482 No. 1541 of 2022

Applicant : Chaudhary Pratap Singh and another

Opposite Party : State of U.P. and another

Counsel for Applicant : Amit Daga

Counsel for Opposite Party : G.A.,Mehul Khare

Hon'ble Rajeev Misra, J.-Heard Mr. Amit Daga, the learned counsel for applicants, the learned AGA for State and Mr. Vinay Saran the learned Senior Counsel assisted by Mr. Mehul Khare, the learned counsel for first informant/opposite party-2.

2. Perused the record.

3. Present application under Section 482 Cr.P.C. has been filed challenging Charge-sheet No. 13 of 2020 dated 27.5.2020 submitted in Case Crime No. 26 of 2020 under Sections 354B, 323, 504 and 506 I.P.C. P.S. Mahila Thana, District Moradabad, Cognizance Taking Order/Summoning Order dated 24.7.2020 passed by Civil Judge (Junior Division)/F.T.C. (CAW), Moradabad in consequential Criminal Case No. 10426 of 2020 (State of U.P. v. Chaudhary Pratap Singh and others), under Sections 354B, 323, 504 and 506 I.P.C. P.S. Mahila Thana, District Moradabad as well as the entire proceedings of above mentioned criminal case, now pending in the Court of Civil Judge (Junior Division)/F.T.C. (CAW), Moradabad.

4. Record shows that in respect of an incident, which is alleged to have occurred on 14.1.2020, Smt. Priyanka Chaudhary, first informant/opposite party-2 lodged a delayed F.I.R. dated 8.3.2020, which was registered as Case Crime No. 26 of 2020 under Sections 354B, 323, 504 and 506 I.P.C. P.S. Mahila Thana, District Moradabad. In the aforesaid F.I.R., four persons namely Pratap Singh, Yash Chaudhary, Sapna Chaudhary and Sushil Chaudhary have been nominated as named accused.

5. The gravamen of the allegations made in the F.I.R is to the effect that on 14.1.2020 when first informant/opposite party-2 alongwith her Nanad Babita Chaudhary were going to Buddhi Bihar for urgent work then named accused are alleged to have intercepted and thereafter, assaulted the first informant and her nanad. Named accused are also said to have dislodged the modesty of first informant/opposite party-2.

6. After registration of aforesaid F.I.R., Investigating Officer proceeded with statutory investigation of afore-mentioned case crime number in terms of Chapter XII Cr.P.C.. Investigating Officer first examined first informant/opposite party 2, Priyanka Chaudhary under Section 161 Cr.P.C., who has supported the FIR. Thereafter, Investigating Officer examined Lalit Kumar, Raj Bala and Babita Chaudhary under Section 161 Cr.P.C. Aforesaid witnesses have also supported the FIR. On the basis of above and other material collected by him during course of investigation, Investigating Officer opined to submit a charge-sheet. Accordingly, he submitted the charge-sheet dated 27.5.2020, whereby named accused have been charge-sheeted under Sections 354B, 323, 504 and 506 I.P.C. Thereafter Court below has taken cognizance upon the aforesaid charge-sheet and simultaneously summoned the charge-sheeted accused vide summoning order dated 24.7.2020, passed in aforementioned State-case.

7. Feeling aggrieved by aforesaid, applicants who are named/charge-sheeted accused have now approached this C