5. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully perused the record of the case and copy of the Case Diary produced by the learned A.G.A., today, before the Court, as per the order dated 03.11.2023. From the perusal of the record, it appears that the opposite party no.2 was traveling in the train wherein the applicant herein was also traveling and he was suffering with the co-passengers, made lewd remarks against the opposite party no.2 and tried to caught hold of her. When the opposite party no.2 ran towards different coaches of the train, the applicant herein had assaulted the opposite party no.2 and applicant, was drunk. The opposite party no.2 had given the information by Dialing 100 Number and at the Railway Station- Allahabad, the Police personnel came there and arrested the applicant herein. There was no motive for the opposite party no.2, who was totally unknown person to the applicant herein to falsely implicate the applicant herein and from the perusal of the Case Diary, it appears that the applicant has tried to mislead the Police by giving the false address. Therefore, the offence alleged against the applicant herein are prima facie made out against the applicant and the charge-sheet was filed after due and detailed investigation as is apparent from the perusal of the copy of Case Diary placed before the Court today. Accordingly, learned Magistrate has taken cognizance in accordance with law, on the basis of material available before him.
