XXX vs THE STATE OF BIHAR - 2024-02-02

O R D E R

Delay condoned.

IA No. 109706/2022 is allowed.

Leave granted.

Heard learned counsel for the appellant and the respondent-State.

The appellant has approached before this Court in substance against an order passed on 22.09.2020 by the learned Chief Judicial Magistrate, Araria, Bihar taking cognizance of offences under Sections 353, 228, 188, and 120-B of the Indian Penal Code, 1860 (hereinafter called “the IPC”) against the appellant and two other persons. The aforesaid order was passed in connection with certain incidents that occurred while the appellant’s statement was being recorded under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter called “the Code”) by the learned Magistrate, First Class, Araria. The appellant claims to be a victim in relation to offences alleged to have been committed against her under Section 376D of the IPC.

The High Court declined to quash the said order of the Chief Judicial Magistrate taking cognizance in the impugned order passed on 21.04.2022 in a petition brought by the appellant under Section 482 of the Code. Considering the fact that the appellant herself claimed to be a victim of sexual assault, we do not think in the interest of justice, the proceeding against her ought to be continued. A sympathic approach ought to be adopted in a matter of this nature, where there can be certain element of overreaction from a traumatized victim.

We, accordingly, set aside the impugned order of the High Court and quash the order taking cognizance of offence qua the appellant. We are apprised that charge sheet has been submitted in the said case. The charge sheet, qua the appellant shall also stand quashed.

The appeal stands allowed in the above terms.

Pending application(s), if any, shall stand disposed of.

...................J.

[ANIRUDDHA BOSE]

...................J.

[SANJAY KUMAR]

New Delhi;

February 02, 2024.

ITEM NO.39 COURT NO.5 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 24007/2022

(Arising out of impugned final judgment and order dated 21-04-2022 in CRLM No. 12036/2021 passed by the High Court Of Judicature At Patna)

XXX PETITIONER(S)

VERSUS THE STATE OF BIHAR RESPONDENT(S)

( IA No. 109706/2022 - APPLICATION FOR FILING THE PETITION WITHOUT DISCLOSING THE IDENTITY OF THE PETITIONER/RESPONDENT, IA No. 109704/2022 - CONDONATION OF DELAY IN FILING, IA No. 109707/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 81491/2023 - EXEMPTION FROM FILING O.T. & IA No. 109708/2022 - EXEMPTION FROM FILING O.T.)

Date : 02-02-2024 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Siddharth Satija, Adv.

Mr. A. Karthik, AOR Ms. Mangla Verma, Adv.

Ms. Smrithi Suresh, Adv.

For Respondent(s) Mr. Ravi Shanker Jha, Adv.

Mr. Manish Kumar, AOR UPON hearing the counsel the Court made the following

O R D E R

Delay condoned.

IA No. 109706/2022 is allowed.

Leave granted.

The appeal is allowed in terms of the signed order, which is placed on the file.

Pending application(s), if any, shall stand disposed of.

(NIRMALA NEGI) (VIDYA NEGI)

COURT MASTER (SH) ASSISTANT REGISTRAR