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OM PRAKASH versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Om Prakash v. State Of U.P. & Another - APPLICATION U/s 482 No. 5267 of 2001 [2006] RD-AH 12194 (25 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

 ( Court No. 19)

Criminal Misc. Application  No.   5267    of 2001

Om Prakash son of Ram Khelawan..........  ........ Applicant -Accused.

Vs.

1. State of U.P.

2. Smt. Shakuntala Devi .........   Opp.parties- Complainant.

*************

Hon'ble Barkat Ali Zaidi, J

1. This is a  petition under Section 482 Cr.P.C. for  in complaint case filed by respondent lady in the Court of Addl. Chief Judicial Magistrate Mirzapur,  the applicant has been summoned under Sections 354,504,506 I.P.C. and Section 3 (1) (x) of SC/ ST Act.

2. The allegations from the side of the complainant-lady are that her husband was engaged in  stone breaking business  at the place of accused-applicant  and the wages amounting to Rs. 18,000/- of her husband was due against the applicant- accused which the applicant-accused did not  pay to her and her husband despite many demands raised by her and her husband, and  also insulted her  whenever the payment she demanded from the accused. On 28.4.1999,  around 10 O'clock  when the complainant was evacuating her bowels in a field, the accused descended there, caught hold of her  and assaulted her sexually. This incident was witnessed  by her husband and one Om Prakash and many others who arrived on the spot after hearing her cries. The accused,  decamped there after proclaiming her as ''Chamari'  and threatening for  life. Due to the fear of the applicant, she could not get her medically examined  and the police  too declined to register her report. She, thereafter  sent a registered information on 15.5.1999 to the Senior Superintendent of Police, Mirzapur but in vain.

3. The contention from the side of the applicant is that the applicant has been roped in this false case  and that is why the charge-sheet should be quashed.

4. I have heard Sri H.N. Singh, learned counsel for the applicant and Sri  Sushil Kumar Srivastava, for the lady-respondent and the learned A.G.A. for the State.

5. From the facts and  circumstances enumerated above, it is not difficult to gather that the  real purpose of filing the complaint was to browbeat   the accused for paying the amount, which according to the complainant was due to her husband. According to the complainant herself, the accused-applicant was not paying her husband's wages, which had amounted to Rs. 18,000/- and it is the realization of this amount, which is the  primary motivation for filing this complaint.  The allegations of sexual assault are clearly a cover up in order to coerce the applicant-accused into submission. These circumstance, that incident took place on 28.4.1999  and the fact that the complaint was sent on  15.5.199 to Senior Superintendent of Police Mirzapur after about 17 days , is itself one of the features suggesting false implication. There was further delay  in filing of the complaint which was filed  a month after the occurrence which further adds to the suspicion.  No medical examination took place  to confirm the allegations of the lady respondent. The witnesses Vikram  and Satish Kumar who were examined under Section 202 Cr.P.C. ultimately   turned up to say that they were not the persons who have deposed and instead of marking an inquiry , the Magistrate has merely stated that the signatures of these persons and the witnesses appear to be similar. They were not sent to any  hand writing expert for examination. The Court itself assumed  the role of hand writing expert. An  inquiry by a gazetted officer i.e. Circle Officer after it was marked by the Senior Superintendent of Police on complaint of the complainant, revealed the falsity of the allegations. The report of the Circle Officer is annexure - 5  on the record.

6. All these circumstances provide a clear inference that the lady-respondent has come up with false allegations.

7. Circumstances have always been considered in the judicial arena as even more reliable than human testimony and rightly so  because  like men they are not likely to tell lies.

8. In these circumstances, the continuation of these proceedings, which are ab-initio fallacious, would amount  to an abuse of the process of Court, and they,  need to be terminated, at the earliest  opportunity.

9. The petition is, therefore,  allowed and the proceedings of Criminal Case No. 2451 of 1999  ( Smt. Shakuntala Devi Vs. Om Prakash) under Sections 354,504 and 506 I.P.C. and Section 3(i)(x)  of S.C./S.T. Act, pending in the court of  Chief Judicial Magistrate, Mirzapur are quashed.

10. Let a copy of this order be sent to the trial Magistrate for information and compliance.

Dt:  25th  July, 2006

  n.u.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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