Rakesh and 4 Others Vs State of Up and Another

¶1

Neutral Citation No. - 2025:AHC:105886

¶2

HIGH COURT OF JUDICATURE AT ALLAHABAD

(SL No.4)

Court No. - 78

Case :- APPLICATION U/S 482 No. - 33130 of 2024

¶7

Applicant :- Rakesh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.

¶8

Hon'ble Anish Kumar Gupta,J.

¶9

1. Heard Sri Pankaj Dwivedi, learned counsel for the applicants, and Sri S.K. Ojha, learned A.G.A. for the State.

¶10

2. This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 27.05.2024 in Complaint Case No. 14626 of 2021 under Sections 147, 452, 354, 354B, 323, 427 I.P.C., Police Station- Malpura, District- Agra, pending in the court of learned Additional Chief Judicial Magistrate, Court No.2, Agra.

¶11

3. Vide order dated 23.04.2025, the matter was referred to the Mediation Centre of this Court subject to deposit of Rs. 20,000/by the applicants. However, as per the office report dated 21.05.2025, the said amount has not been deposited by the applicants before the Mediation Centre.

¶12

4. In view thereof, interim order granted on 23.04.2025 is hereby vacated .

¶13

5. In the instant case a complaint was filed by the opposite party no.2 alleging therein that the applicants herein were having ill intentions against her and on 28.08.2021, when she was alone in the house at around 2:00 P.M., the applicants herein entered the house of the opposite party no.2 and torn off her clothes, while pressing her breast, tried to rape her. When she made hue and cry, Keshav, Munesh, Radha and Pawan came on the spot, therefore, the applicants by abusing and beating the opposite party no.2 and the other members of the family and while threatening them had

¶14

left the place.

¶15

6. Having recorded the statements under Sections 200 and 202 Cr.P.C., the trial court initially summoned the applicants no.1 and 2 for the offences under Sections 354A, 323, 504, 506, 427 I.P.C. and summoned the applicants no.3, 4 and 5 for the offences under Sections 323, 504, 506, 427 I.P.C. Against the said order the applicants herein filed the Criminal Revision No. 780 of 2022, which was partially allowed and the summoning order dated 21.10.2022 was set-aside and the matter was remanded back to the trial court for passing a fresh order in terms of the observations made by learned revisional court. Subsequent thereto, vide impugned summoning order dated 27.05.2024, the trial court has summoned the applicants no. 1 and 2 for the offences under Sections 147, 354, 354B, 323, 427, 506 I.P.C. and the applicants no. 3, 4 and 5 for the offences under Sections 147, 452, 323, 427, 506 I.P.C. Being aggrieved by the same the instant application has been filed by the applicants herein.

¶16

7. When learned counsel for the applicants was asked to argue the case on merits he could not point any ground for entertaining the instant application on merits.

¶17

8. From the perusal of the record, the allegations as made out in the complaint are supported by the statement of witnesses under Sections 200 and 202 Cr.P.C. and all the witnesses have supported the allegations as made in the complaint. The trial court having satisfied that a prima facie case has been made out against the applicants from the allegations as made in the complaint supported by the evidence of the witnesses, had summoned the applicants herein

¶18

9. In view thereof, since from the perusal of the material available on record a prima facie case been made out against the applicants, this Court does not find any good reason to entertain the instant application and the same is accordingly dismissed .

¶19

Order Date :- 7.7.2025 Shubham Arya

¶20

(Anish Kumar Gupta, J.)

¶21

Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Rakesh and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Rakesh and 4 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases