The Allahabad High Court has stayed coercive action against a 70-year-old resident of Varanasi, who was accused of rape, after observing that the Septuagenarian was not in position to move without support due to Arthritis.
A Single Bench of Justice Shekhar Kumar Yadav passed this order while hearing an application under section 482 filed by Vishwanath Pandey.
The application under Section 482 CrPC has been filed for quashing the charge sheet dated 14.1.2022 filed in Case under sections 376, 323, 506 IPC, P.S Kotwali, District Kashi (Commissionerate), pending in the Court of ACJ (J.D), Varanasi registered in Criminal Case as well as order of cognizance dated 21.1.2022 and summoning dated 21.1.2022 passed by the ACJ (J.D), Varanasi.
Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case just to harass the applicant in fact no such incident has taken place.
It has further submitted that an enquiry was conducted by S.H.O, C.O as well as Senior Sub Inspector therein it has been found that the allegation made against the applicant is not correct. The alleged allegation made by the opposite party no 2 against the applicant is false and baseless.
Counsel for the applicant has drawn the attention of the court towards in personal affidavit of Commissioner of Police, Varanasi in which it has been mentioned that the opposite party no 2 Aruni Mishra has not come before the Court with clean hands and in which it has also been mentioned that one Suresh Chandra Dwivedi, Cashier of Bank of Baroda, District Fatehpur has lodged a first information report dated 27.3.2022 at police station Kotwali, District Varanasi against the opposite party no 2 bearing Case under section 386, 504, 506 IPC alleging therein that she had indulged in extortion and blackmail.
In that case, the opposite party no 2 was arrested and sent to jail. Now she is on bail and in that case, the charge sheet has been submitted and cognizance has also been taken by the court below against the opposite party no 2.
It has further submitted that the applicant is aged about 70 years and he is suffering from arthritis.
Counsel for the applicant said that the applicant is not in position to move without support of any person. No offence is made out against the applicant.
Counsel for the applicant further said that at the time of passing the impugned summoning order, the court below has not applied the judicial mind. The court below has taken cognizance order which amounts to abuse of process of law. The prosecution story is totally false and fabricated.
The Court observed that the matter requires consideration.
“All the opposite parties may file counter affidavits within three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.
Till the next date of listing, no coercive action shall be taken against the applicant in the aforementioned case”, the Court ordered.
The Court has fixed the next hearing of the petition on February 15, 2023.