The Allahabad High Court has ordered a fresh investigation into the FIR lodged against Rajesh Verma, a resident of Rasara, Ballia, who is an accused in the attempt to murder case, conspiracy and the case registered under the POCSO Act.
A single-judge bench of Justice Gautam Chowdhary passed this order while hearing an application under Section 482 CrPC filed by Rajesh Verma.
The application under Section 482 CrPC has been filed for quashing the order dated December 9, 2020 passed by the Additional Sessions Judge/ POCSO Ballia in Sessions Trial under Sections 307, 504, 506, 120-B IPC Police Station Rasara, District Ballia, whereby discharge application filed by the applicant has been rejected and charges have been directed to be framed against the applicant.
The counsel for the applicant submitted that the applicant moved an application under Section 227 CrPC inter alia on the grounds that the applicant has been falsely implicated in the case when in fact, the applicant and the son of the first informant were languishing in jail in connection with Case under Sections 395, 397, 447, 448 IPC and that the applicant was released from jail on July 27, 2019 pursuant to the order dated July 05, 2019 passed by the Court, whereas the incident is alleged to have taken place on April 20, 2018.
He further submitted that the applicant neither recognized the accused persons nor he had ever talked to them.
It is also submitted that on account of civil litigation going on between the named accused Dinesh Dutt Dubey with Daya Shanker Verma, said Dinesh Dutt Dubey and others, bore enmity with the applicant, due to which he has been falsely implicated in the case.
He next submitted that there is no evidence against the applicant and the Court below ignoring the same has rejected the discharge application filed by the applicant in a cursory manner and thus the same is liable to be set aside.
The Court observed, “It transpires from record that there are two stories. The first story stands in pursuance to the FIR dated April 21, 2018, wherein the injured herself has named the accused Dinesh Dubey, who had participated in the incident, which has also been repeated in her statement recorded under Section 161 CrPC but the named accused Dinesh Dubey has been exonerated by the Investigating Officer.
“It also transpires that Rani on whose call, the victim opened the door but she has not been introduced by the police during the entire investigation, rather the statements of two independent witnesses have been recorded but Rani has not been interrogated by the police.”
“The second story fished out by the Investigating Officer is that some conspiracy took place in the jail by the accused persons and thus both the stories are contradictory to each other.”
The Court further observed that the first informant has also filed an application for further investigation on October 17, 2019, which is still pending for consideration before the concerned Court below.
“In view of the above, the matter requires further investigation. The Superintendent of Police, Ballia is directed to get the matter further investigated not below the rank of Circle Officer, which shall be completed as expeditiously as possible, in accordance with law, preferably within a period of six months. For a period of six months or till the conclusion of further investigation whichever is earlier, further proceedings against the applicant in the aforesaid case shall remain stayed,”
-the court ordered.
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