Raghuvir Singh and 3 Others vs State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and Another

2. The present application has been filed with the prayer to quash the entire criminal proceedings arising out of Case Crime No.314 of 2024, under Sections 115(2), 352, 351(3), 76, 70(1) of BNS, P.S. Fatehpur-84, Unnao, pending in the Court of Civil Judge (J.D.)/F.T.C. (C.A.W.) Unnao, inclusive of the summoning order dated 7.3.2025 and the charge sheet No.1, dated 21.12.2024, in the interest of justice.

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3. Learned counsel for the applicants submits that construction of drainage of house of applicant was going on, at the same time, private respondent and her associates came to the site and tried to stop the construction, when applicants denied to stop the construction, they started beating with the lathi, danda and entered into house of the applicants, as a result, applicants and other family members received injuries, immediately, thereafter, on 17.10.2024, F.I.R. No.0300 of 2024 under Section 115(2), 352, 333, 76, 351(3) BNS was lodged at P.S. Fatehpur-84, Unnao at 13:30 Hrs. against private respondent as well as her husband Om Prakash, her sons Akhilesh & Amit. He further submits that husband of the private respondent had given an application on 19.10.2024 to the Superintendent of Police, Unnao with the allegation that on 17.10.2024 at

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09:30 a.m., he alongwith his wife and daughter-in-law were present at his plot, at the same time, applicants and other family members were tried to make constructions of drainage by cutting the road and when they raised objection, they started abusing and started beating them with kicks and punches, when private respondent and her daughter-in-law came for rescue, private respondent was attacked with gainti and other accused persons Anshu Singh and Jitendra had assaulted the private respondent with danda on her chest and head, clothes of the daughter-in-law of the informant was also torn. On hearing the noise, several persons, namely, Ankit Pandey, Anuj Kumar, Umakant, Sishupal Singh came on the spot, then accused persons ran away, thereafter, son of the private respondent was challaned under Section 151 Cr.P.C., later on, another complaint was given by the informant of the present case on the exaggerated facts but no allegation of rape was alleged either in the complaint given by the husband of the private respondent to the police or by the private respondent.

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4. Learned counsel for the applicants further submits that during the course of investigation, statements of daughter-in-law of the private respondent was recorded, wherein, in her statement under Section 180 of BNSS, no allegation of putting finger in the genital part was alleged but in her statement recorded under Section 183 BNSS, she developed a new case that she was dragged inside the house of the accused persons, where they tried to outrage her modesty and one of the accused inserted finger in her genital part. He also submits that statement of independent witnesses, namely, Santosh Singh, Pankaj Singh, Ankit Pandey were recorded under Section 180 BNSS, in which, they categorically stated that quarrel was taken place on road and the F.I.R. was lodged by the parties with the exaggerated facts. He further submits that contents of the statement under Section 183 of daughter-in-law of the private respondent was not examined by the Investigating Officer and the site plan of the room where the alleged incident of fingering was taken place was also not prepared, charge sheet was submitted by the Investigating Officer for the offence under Section 70(1) of BNSS but the learned court below issued summoning order, therefore, indulgence of this Court is necessary.

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5. Learned A.G.A. vehemently oppose the prayer of the of the applicant

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and submits that charge sheet has already been filed on the basis of evidences collected by the Investigating Officer but he does not dispute this fact that two different complaints were filed, one by the husband of the private respondent and another by private respondent and in both the complaints there was no allegation as alleged by the daughter-in-law of the private respondent in her statement recorded under Section 183 BNSS.

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6. Considering the submissions of learned counsel for the applicant, learned A.G.A., going through the contents of the application as well as other relevant material, statement of the daughter-in-law of the private respondent recorded under Sections 180 and 183 BNSS, matter requires consideration.

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7. Issue notice to the private respondents.

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8. List this case in the first week of January, 2026.

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9. Till the next date of listing, no coercive action shall be taken against the applicants.

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(Rajeev Singh,J.)

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October 7, 2025 GauraV/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Raghuvir Singh and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and Another

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Raghuvir Singh and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. and Another

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