The Allahabad High Court has directed the Superintendent of Police (SP), Jalaun to carry out a detailed investigation into allegations of conspiracy to frame an accused in a rape case and also take necessary action against the person involved in this forgery.
A Single Bench of Justice Arun Kumar Singh Deshwal passed this order while hearing an application under section 482 filed by Uma Shankar Yadav.
The application has been filed for quashing the summoning order dated 07.03.2024 passed by the Additional District and Sessions Judge/Special Judge, POCSO, Act, Jalaun at Orai as well as entire entire proceedings of Criminal Case under Section 376-D, 506 IPC and 5g/6 of POCSO Act, 2012, Police Station Kalpi, District Jalaun.
When the matter was heard, counsel for the applicant ultimately argued that the opposite party no 2 is a non-existing person and in support of his contention he has also filed a Marksheet as well as Aadhaar Card of opposite party no 2 which were forged.
After hearing this matter, the Court by order dated 31.05.2024 directed the Superintendent of Police, Jalaun to conduct the enquiry after personal meeting with the complainant whether the complainant is an existing person or not.
In pursuance of the order dated 31.05.2024, Superintendent of Police, Jalaun had submitted his report dated 06.08.2024 mentioning therein that the mark-sheet filed by opposite party no 2 before the Court was found to be forged and the Principal of the college which issued the mark-sheet clearly told that this roll number mentioned in the mark-sheet belongs to some other student not to the opposite party no 2.
It was also mentioned in the report of SP Jalaun that the complainant is not traceable and his address is also incorrect. After considering the report of SP, Jalaun, the Court by order dated 08.08.2024 directed the counsel for the opposite party no 2 to produce the opposite party no 2 before the Court.
The matter was posted for 22.08.2024, but on that date counsel for the opposite party no 2 could not produce the opposite party no 2 before the Court and arguing counsel Amit Daga informed to the Court that he was not in direct contact with the opposite party no 2 and he was engaged by Umesh Kumar Tripathi, Advocate to argue this case.
However, on enquiry, Umesh Kumar Tripathi informed the Court that instant vakalatnama was sent to him by local counsel Sudhir Kumar Mishra, Advocate practicing at Jalaun.
The Court taking serious view of the matter directed the trial court to conduct enquiry regarding the existence of complainant as well as other witnesses, who came before the trial court to depose their statements under Sections 200 and 202 of CrPC. By order dated 22.08.2024, the matter was posted on 21.10.2024.
On perusal of the report dated 22.08.2024 of Additional District & Sessions Judge/Special Judge (POCSO), Jalaun at Orai, the Court observed that not only the documents filed by the opposite party no 2 were found to be forged but also the complainant as well as her witnesses namely Kapil Singh Chauhan and Vijay Kumar were also not traceable and their addresses were also found to be incorrect. The above facts show the serious conspiracy to falsely implicate the applicant and also misuse the forum of Court just to falsely implicate the person through a non-existence complainant and witnesses. In such a case, duty was cast not only upon the concerned Presiding Officer but also the local counsel who filed a complaint and identified the complainant as well as witnesses.
In view of the above fact, the Court directed the SP Jalaun to register an FIR and conduct investigation and after investigation of the same submit report to the Court also and also take necessary action against the person involved in this forgery.
The Court further directed the District Judge, Jalaun to conduct enquiry regarding the involvement of any officer or any employee of the judgeship and submit his report to the Court. While investigating this case, SP Jalaun will also ensure to examine the signature of opposite party no 2 on the vakalatnama as well as her statement before the lower court at Jalaun as well as her signature in the vakalatnama filed in the High Court.
The Court has fixed the next hearing of the petition on 20.12.2024.
Till the next date of listing, further proceedings of Criminal Case under Section 376-D, 506 IPC and 5g/6 of POCSO Act, 2012, Police Station Kalpi, District Jalaun, shall remain stayed, the Court ordered.