Neutral Citation No. - 2023:AHC:212200

Court No. - 84

Case :- CRIMINAL APPEAL No. - 6828 of 2023

Appellant :- Jaipal Singh

Respondent :- State of U.P. and Another

Counsel for Appellant :- Chandra Nath Bhatt

Counsel for Respondent :- G.A.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the appellant, learned A.G.A. and

perused the record.

No one has put in appearance for opposite party no.2, despite of

sufficient service.

This is an appeal against the order dated 27.3.2023 passed by

learned Additional Sessions Judge/Special Judge SC/ST Act,

Amroha in complaint case no. 83 of 2023, Smt. Gudiya Vs. Jaipal

Singh, whereby the trial court has summoned the appellant to face

trial under Sections 376, 506 IPC and 3(1) (Dha) of SC/ST Act

police station Amroha District Amroha.

It is argued by the learned counsel for the appellant that regarding

the incident dated 17.10.2022 a complaint was registered on

3.8.2022 wherein Deepak, the real brother-in-law of the

complainant and one Adesh Kumar were shown as witnesses. In

the statement under section 202 Cr.P.C. P.W.-1 Adesh Kumar has

clearly stated that the incident was disclosed to him by the opp.

party no. 2.

It is claimed that the incident is false. In fact, the appellant had

made a complaint against the husband of the opp. party no. 2

Vijendra before the District Magistrate Amroha on 29.3.2022 that

on the basis of forged Transfer Certificate and other forged

documents, the husband of the opp. party no. 2 got an appointment

as Safai Karmi. On this application an inquiry was made and the

facts were found to be correct and the legal heir certificate issued

in the name of the husband of the opp. party no. 2 was cancelled

by Sub Divisional Magistrate concerned as per the order dated

6.7.2022 of the Executive Engineer Nagar Palika Parishad

concerned. The husband of the opp. party no. 2 was terminated as

per the order dated 29.7.2022 of the Executive Engineer Amroha.

After this order, the FIR was lodged against the husband of the

opp. party no. 2 under sections 420, 467, 468, 471 I.P.C. on

10.8.2022 and it was only after lodging of the FIR by Lekhpal, in

compliance of the order of the Executive Engineer Nagar Palika

Parishad showing the incident dated 3.8.2022 on 17.10.2022 an

FIR was lodged by the opp. party no. 2 against the appellant on

false allegations, hence, the prayer is made to set aside the

impugned order.

Learned A.G.A. opposed the prayer and submitted that the

appellant has been summoned to face trial on the basis of the

evidence placed before the trial court.

If we go through the complaint, there is allegation of rape by the

appellant with the opp. party no. 2 and witnesses are said to be

Deepak and Adesh Kumar. This Deepak is admittedly, the real

brother of the husband of the first informant. Witnesses Deepak

and Adesh Kumar in their statements under section 202 Cr.P.C.

have clearly stated that regarding the incident the opp. party no. 2

had informed them, which clearly shows that none of the witnesses

saw the incident. Admittedly, there is no version that the alleged

victim was medically examined at any hospital. There is nothing

on record that any video regarding alleged incident was prepared

by the appellant. The documents filed by the appellant clearly

show that the appellant had made a complaint against the husband

of the opp. party no. 2 on 29.3.2022 and on the basis of that

complaint after inquiry the husband of the opp. party no. 2 was

terminated from his services vide order dated 6.7.2022 and vide

order dated 29.7.2022 of the Executive Engineer concerned, the

order of FIR against the husband of the opp. party no. 2 was made.

Consequently, an FIR was lodged on 10.8.2022 against the

husband of the opp. party no. 2 under sections 420, 467, 468, 471

I.P.C. it was only after lodging of the FIR on 10.8.2022 that on

17.10.2022 showing the incident dated 3.8.2022 a complaint has

been fi