The court emphasized the need for careful scrutiny of FIRs in cases involving serious allegations, allowing for interim relief to protect the liberty of the accused until a thorough examination of the case is conducted.

Hon'ble Rajeev Misra,J.

Heard Mr. Vimlendu Tripathi, the learned counsel for applicants, the learned A.G.A. for State and Mr. J.K. Upadhyay, assisted by Mr. Pankaj Upadhyay, the learned counsel representing opposite party-1.

Perused the record.

This application under section 482 Cr.P.C. has been filed by charge sheeted accused Vikas and 2 Others with the following prayer:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

Final Relief:

To quash the impugned summoning and cognizance order dated 27.02.2024 and 11.03.2024 passed by the court of Special Judge (SC/ST Act), Gautam Buddh Nagar in Special Trial No. 200 of 2024 (State of U.P. vs. Vikas and others) as well as the impugned ist charge sheet and 2nd charge sheet dated 24.02.2024 and 10.03.2024 and the impugned entire proceeding arising out of Special Trial No. 200 of 2024 (State of U.P. vs. Vikas and others) arising out of Case Crime No. 896 of 2023, Under Sections 506, 376D I.P.C. and Section 3(1) (Dha), 3(2) (5) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, Police Station Sector 39 Noida, District Gautam Buddh Nagar, so that justice may kindly be done

Interim Relief: -

To stay further proceedings of Special Trial No. 200 of 2024 (State of U.P. vs. Vikas and others) arising out of Crime No. 896 of 2023, Under Sections 506, 376D I.P.C. and Section 3(1) (Dha), 3(2) (5) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, P.S. Sector 39 Noida, Gautam Buddh Nagar pending in the Court of Special Judge (SC/ST Act), Gautam Buddh Nagar during the pendency of the instant application, otherwise the applicants shall suffer irreparable loss and injury, And/or pass such other order or further direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

At the very outset, the learned counsel for applicants submits that co-accused Azad approached this Court by means of Application U/S 482 No. 25599 of 2024 (Azad Vs. State of U.P. and Another), wherein an interim order dated 3.10.2024 was passed by this Court. For ready reference the same is reproduced herein under:

"1. Heard Shri Anoop Trivedi, learned Senior Counsel assisted by Sri Vimlendu Tripathi, learned counsel for the applicant, Sri Rajrshi Gupta, learned counsel for the opposite party no. 2 and Sri J.K. Upadhyay, learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Special Case No. 200 of 2024 (State of U.P. Vs. Vikas and others) arising out of Case Crime No. 896 of 2023, under Sections 506, 376-D of I.P.C., and Section 3(1)(dha), 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station- Sector 39 NOIDA, District Gautam Buddha Nagar, as well as cognizance/summoning order dated 27.02.2024 and in alternative quashing the order dated 14.06.2024 whereby the application under Section 173(8) of Cr.P.C. has been rejected pending in the court of Special Judge (SC/ST Act), Gautam Buddha Nagar.

3. Brief facts of the case are that the first information report dated 30.12.2023 has been lodged by the victim against the applicant and 5 other named persons alleging that on 12.06.2023 co-accused Raj Kumar called the first informant with all testimonials to provide employment by co-accused Ravi. On 15.06.2023 after believing on Raj Kumar co- accused Raj Kumar and Mahimi brought the first informant in garden galeria where the vehicle was parked at the same time three other boys came and identified co-accused Ravi and the present applicant and one Vikas and thereafter, co-accused Ravi made her sit in the car and talked to her and all other persons were standing out of the vehicle having firearm, then co-accused Ravi committed rape with her and made a video and threatened her with dire consequences if she informed to any one but due to this fear she did not inform her family members but they torture