The Patna High Court dismissed a petition seeking quashing of prosecution for rape allegations. The Court held that allegations of false implication by the wife could not be examined at this stage absent reliable documents, and a prima facie case existed for trial.
Period of suspension/reintegration of the petitioner's service
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 50058 of 2012
====================================================== Shailesh Sharma, S/o Sheo Dutta Sharma, resident of village – Keyal, P. S. – Keyal, Dist. – Arwal at present working in Asian Paints Ltd. Lal Bahadur Shastri Marg, Bhandup (west), Mumbai – 400078 (Maharastra) .... .... Petitioner/s Versus 1. The State of Bihar 2. Smt. Siya Janki Devi, W/o Late Dinesh Pd. Gupta, resident of Jhoparpatti, west of J.D. Women’s College, P.S. – Shastri Nagar, District - Patna .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 23-04-2013 Heard.
This is a petition for quashing the entire criminal prosecution in Complaint Case No. 1370 (C) of 2009 instituted for the offences punishable under Section 376 of the Indian Penal Code.
It is alleged that the petitioner raped the maid servant in the house of his elder brother.
Learned counsel for the petitioner, however, contended that the petitioner has falsely been implicated in this case. He makes out a defence that this false case has been instituted at the instance of the wife of the petitioner as there is dispute between the petitioner and his wife. The wife has lodged a false case under Section 498A of the Indian Penal Code. He has further contended that petitioner has filed Cr. Writ No. 196 of 2010 alleging therein that the complainant was impersonated at the instance of the brother-in-law of the petitioner and has asserted that even after several notices and nine adjournments she did not appear. However, the said writ petition was dismissed as withdrawn without any observation on merit of the case.
Patna High Court Cr.Misc. No.50058 of 2012 (2) dt.23-04-2013
2
However, this Court at this stage can neither look into the falsity or truthfulness of the allegation nor can consider the defence of the accused that the false case has been instituted at the instance of the brother of the wife of the petitioner as there is no unimpeachable and reliable document to accept the defence set up and hence the defence set up cannot be decided at this stage which is required to be looked into only at the stage of trial. However, from perusal of the complaint, it is apparent that a prima facie case is made out. However, the point raised about the mala fide that the case has been instituted at the instance of the brother of the wife of the petitioner to take revenge can only be tested after recording of the evidence at the stage of trial.
Hence, I do not find any merit in this petition which is, accordingly, dismissed.
Kundan/-
(Gopal Prasad, J)
2 issues framed by the court
Whether there is merit in the plea to quash the criminal prosecution for rape based on allegations of false implication and malafide.
Whether the defence that the case was instituted by the wife due to a dispute can be decided at the stage of filing a quashing petition under Section 376 IPC.
2 provisions across 1 enactments
Shailesh Sharma
The State of Bihar
Smt. Siya Janki Devi
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
