was lodged against applicant by name but in the statement recorded under Section 180 BNSS, victim/opposite party no.2 herself stated that she did not know the name of applicant, meaning thereby, entire prosecution story is false and fabricated. Learned counsel for applicant has further submitted that as per document prepared by concerned police itself, it appears that when police called the victim to record her statement under Section 183 BNSS, she avoided appearance by stating that she was out of station, sometimes claiming to be in Dehradun and at other times asserting that she was in Punjab which means only to harass the applicant, present criminal proceeding was initiated at the behest of opposite party no.2. Learned counsel for applicant further contended that the alleged incident has taken place in the market but not a single statement of any independent witness was recorded by police concerned during investigation. Learned counsel for applicant further submitted that there is hardly any evidence against applicant to corroborate him with the alleged incident. It has also been argued by learned counsel for applicant that without conducting fair investigation, the concerned Investigating Officer submitted chargesheet against applicant whereupon without applying its judicial mind, learned court concerned took cognizance of offence over the said chargesheet which is abuse of process of law and as such, same may be quashed.
