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C482/603/2018 on 24 July, 2019

CRMA No.1164 of 2018 (Compounding Application)
IA No.7086 of 2019 (Urgency Application)
In
C-482 No.603 of 2018
Hon’ble R.C. Khulbe, J.

Mr. Ramji Srivastava, learned Advocate for the
applicant.

Ms. Preeta Bhatt and Mr. P.S. Uniyal, Brief Holders
for the State.

Mr. B.M. Pingal, learned Advocate holding brief of Mr.
Mohit Maulekhi, learned Advocate for respondent no.2.

The present criminal misc. application under Section
482 Cr.P.C. has been filed for quashing the charge sheet
dated 29.01.2018 in Case Crime No.28 of 2017, summoning
order dated 07.03.2018 as well as entire proceedings of
Special Session Trial No.03 of 2018, State Vs. Keshav
Narayan Awasthi, under Section 354 IPC and Section 7/8
POCSO Act, registered at Police Station Lamb Gaon, District-
Tehri Garhwal and to stay the further proceedings of the
above Special Sessions Trial pending in the Court of Special
Sessions Judge, Tehri Garhwal and effect and operation of
the aforesaid summoning order during the pendency of the
present criminal misc. application.

Factual matrix of the case is that on 18.11.2017 at
18:30 hours a written information was given by Raghuveer
Singh Thalwal against the present applicant Keshav Narayan
Awasthi with the allegation that the applicant committed
sexual act against students of the inter college.

After the investigation a charge sheet was submitted
against the present applicant under Section 354 IPC and
Section 7/8 POCSO Act and thereafter, on 07.03.2018
cognizance was taken by the Special Sessions Judge Tehri
Garhwal. Aggrieved by this order the present criminal misc.
application under Section 482 Cr.P.C. has been filed for
quashing the summoning order, charge sheet as well as entire
proceedings of the Special Session Trial against the applicant
pending in the court of Special Sessions Judge, Tehri
Garhwal.

It is argued by learned counsel for the applicant that
the accused has falsely been implicated in the crime; no
offence is made out against him. Apart from that, the learned
Special Sessions Judge did not peruse the evidence collected
during the investigation; the learned Special Sessions Judge,
on the basis of the charge sheet submitted by the
Investigating Officer, took the cognizance while there is no
prima facie evidence on record.

Learned counsel for the State argued that the offence
is heinous in nature.

From the perusal of the FIR dated 18.11.2017, it is
clear that the informant-Raghuveer Singh Thalwal did not utter
a single word against the present applicant regarding the
sexual offence. Although the names of eight girls have come
in the FIR, but at that time none of these girls had submitted
any information either in writing or orally to the concerned
police station. Apart from that, from the statement recorded
under Section 161 Cr.P.C. during the investigation by the
Investigating Officer, it is clear that only Kumari Savita Thalwal
was present inside the room of principal, who is the present
applicant. None of these eight girls except Savita has given
any statement against the present applicant.

Since the FIR is silent about the sexual offence, the
statement given by Kumari Savita during the investigation is a
deluding statement. Apart from that, no statement was
recorded under Section 164 Cr.P.C. before the Magistrate.

From the perusal of the evidence collected during the
investigation, I find that there is no prima facie evidence on
record to summon the present applicant under Section 354
IPC and Section 7/8 POCSO Act. The learned Special
Sessions Judge passed the summoning order in a cursory
manner. From the perusal of summoning order dated
07.03.2018, it is clear that the Special Sessions Judge
simply, on the basis of the charge sheet, summoned the
present applicant while there is no prima facie evidence on
record against the present applicant.

In view of the above observations, the present criminal
misc. application filed under Section 482 Cr.P.C. is liable to be
allowed and accordingly the same is allowed. The entire
proceedings of Special Session Trial No.03 of 2018, State Vs.
Keshav Narayan Awasthi, under Section 354 IPC and Section
7/8 POCSO Act, registered at Police Station Lamb Gaon,
District-Tehri Garhwal pending in the Court of Special
Sessions Judge, Tehri Garhwal along with charge sheet dated
29.01.2018 in Case Crime No.28 of 2017 and summoning
order dated 07.03.2018 is hereby quashed.

Pending applications, if any, stand disposed of.

(R.C. Khulbe, J.)
24.07.2019
Sukhbant

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