IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

115+261 CRR-2574-2024 (O&M) Decided on:- 29.10.2025 Hemant ....Petitioner Versus State of Haryana and another ....Respondents CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. R.N. Bharati, Advocate and Mr. Kunal Bharati, Advocate for the petitioner.

Mr. Ayuwan Singh, AAG, Haryana.

Ms. Navneet Kaur, Advocate for respondent No. 2.

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AMARJOT BHATTI, J.(Oral)

1. Petitioner Hemant has filed criminal revision against impugned order dated 25.09.2024 passed by learned Additional Sessions Judge/Fast Track Special Court, Gurugram, whereby petitioner has been charge-sheeted under Section 6 of POCSO Act, in alternative under Section 376AB of IPC, Section 10 of POCSO Act, in alternative under Section 354A of IPC, Section 3(2)(v) of SC/ST Act, 1989 and under Section 506 of IPC, which is wrong, illegal, perverse and in contravention of true facts and circumstances of case and same is liable to be set aside and petitioner be discharged on account of false implication in this case.

2. Learned counsel for petitioner argued that at the instance of complainant/respondent No. 2, FIR No. 76 dated 13.08.2021 was lodged under Section 8 of POCSO Act, 2012 and Section 506 of IPC registered at Women Police Station Manesar, District Gurugram (Annexure P-2). In said FIR, complainant/respondent No. 2 levelled allegations that on 12.08.2021 at about 06:30 pm, he (petitioner) took minor daughter of complainant age about 08 months in deserted premises and sexually assaulted her. Matter was investigated. Statement of complainant was recorded under Section 164 Cr.P.C. (Annexure P-3). In said statement, she tried to give improved version in order to make offence serious. Investigating Agency recorded statements of neighbours and also collected CCTV footage, call detail record, tower location and finally came to conclusion that allegations were false and without any basis. Investigating Agency presented cancellation report dated 25.11.2021 (Annexure P-4) and also presented Kalandra under Section 182 IPC against complainant/respondent No.2 on 18.01.2022 (Annexure P-5). Said cancellation report was not accepted and matter was again referred for further investigation. Investigating Agency again presented second cancellation report dated 28.02.2023 (Annexure P-6). Complainant also filed protest petition/complaint dated 21.03.2023 alongwith her affidavit (Annexure P-1). Learned trial Court was still not satisfied with cancellation report and again directed the police to further investigate. At the same time, learned trial Court started recording preliminary evidence on the said complaint/protest petition. Assistant Commissioner of Police had submitted his report to Deputy Commissioner of Police (Traffic), Gurugram dated 13.01.2024 alongwith affidavit dated 25.01.2024 (Annexure P-7). Consequently, third cancellation report was submitted on 18.01.2024 (Annexure P-8). Learned Additional Sessions Judge/Fast Track Special Court, Gurugram vide order dated 08.05.2024 (Annexure P-9) pointed out that no formal order was passed by the Court converting the said protest petition to complaint case, as such no proper procedure was followed. Despite all this, in said complaint/protest petition, summoning order dated 20.08.2024 (Annexure P-10) was passed in which non-bailable warrants of arrest were issued, for 12.09.2024. Learned counsel for petitioner referred to order dated 09.09.2024 passed in CRM- M-44657-2024 (Annexure P-13) which was dismissed as withdrawn with liberty to take all pleas before the trial Court. Petitioner was granted bail. Said order was challenged in Supreme Court of India. Copies of orders are annexed as Annexures P-14 and P-15. Now petitioner has grievance against impugned order dated 25.09.2024 vide which charges were framed against petitioner without considering the investigation carried out by Investigating Agency. Respondent No. 2/complainant has given improved version to falsely implicate