Court No. - 48

Case :- APPLICATION U/S 482 No. - 13060 of 2022

Applicant :- Riaz Ahamad @ Babloo

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- A.C.Tiwari(Ac)

Counsel for Opposite Party :- G.A.

Hon'ble Ashwani Kumar Mishra,J.

This petition is directed against an order passed by the

Special Judge, PACSO Act allowing the protest petition 昀椀led

by the informant and summoning the applicant under

Sections in Case No. 686 of 2021, arising out of Case Crime

No.219 of 2021 under Section 376, 511, 457, 506 IPC and

Section 7/8 of PACSO Act, Police Station Kotwali, District

Pilibhit.

Learned counsel for the applicant submits that there is a

civil dispute with regard to construction of house in respect

of which proceedings are pending before the Civil Court

and injunction has also been granted and only as a

retaliatory measure, a false complaint has been made

against the applicant and that no such incident has

actually occurred. It is also stated that the FIR itself is

delayed by 4 days without any explanation in respect

thereof.

Learned AGA, states that there is speci昀椀c allegation with

regard to outraging the modesty of a lady by the applicant

at 1.00 P.M. on 9.8.2021. It is also substantiated with the

statement of witness present on the spot and this Court,

therefore, need not examine the correctness or otherwise

of such assertions, at this stage.

Having considered the respective submissions advanced

and upon perusal of the materials placed on record, this

Court 昀椀nds that there are speci昀椀c allegation with regard to

outraging the modesty of a women and attempt to commit

rape and as such allegation is also supported by the

statement of the witnesses under Section 161 Cr.P.C.

Whether these allegations are correct or not is an aspect to

be examined at the stage of trial.

In view of the materials that have been placed on record,

this Court, therefore, declines to interfere with the order of

the concerned court dated 8.4.2022 and the application

昀椀led under Section 482 Cr.P.C. is accordingly dismissed.

Dismissal of this petition, however, will not preclude the

applicant from seeking appropriate protection under the

Criminal Procedure Code, which shall be dealt with on its

own merits and in accordance with law.

Order Date :- 24.6.2022

n.u.

Digitally signed by NASEEM UDDIN

Date: 2022.06.24 18:44:26 IST

Reason:

Location: High Court of Judicature

at Allahabad