Learned counsel for the applicant has contended that the victim in her statement recorded under Section 164 Cr.P.C. has not made any allegation of kidnapping or committing rape on the applicant. She has specifically stated that co-accused, Mukesh and Kuldeep had forcibly abducted her on a motorcycle and then both of them committed rape upon her. He has further submitted that though the applicant is named in the F.I.R. in which there is only allegation of teasing prosecutrix but there is no whisper of any kind of sexual or physical assault.However, on the basis of statements of the prosecutrix recorded under Sections 161 and 164 Cr.P.C. charge-sheet has been laid against the applicant and other co-accused. Thereafter, on an application being moved by the applicant further investigation was ordered in which the applicant has been exonerated. In further investigation, the Investigating Officer, Station House Officer, Madrak, District Aligarh filed a Parcha dated 17.06.2019 stating therein that complicity of the applicant is found false. The said supplementary Parcha has been annexed as Annexure-10 to the affidavit. Learned counsel for the applicant is unable to apprise this Court as to what orders have been passed by the court on the subsequent report submitted by the Investigating Officer in further investigation. I may record that cognizance has already been taken on the charge-sheet filed against the applicant in the year 2018 and non-bailable warrant has also been issued against him. In my opinion, the applicant may approach concerned court for passing of appropriate orders
