Neutral Citation No. - 2025:AHC-LKO:17226 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2422 of 2025 Applicant :- Kewal Alias Ram Kewal And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Govt. Of U.P. Lko. And 3 Others Counsel for Applicant :- Nripendra Mishra Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Nripendra Mishra learned counsel for petitioner as well as learned A.G.A. for the State. 2. The applicants by means of present application under Section 482 Cr.P.C. has assailed the order dated 20.07.2024 as well as entire proceedings of Complaint Case No. 192/2023 (Smt. Parmawati Vs. Raju Badhai and others) Sunder Section 452, 354 (B) I.P.C. and 9(g) / 10 POCSO Act, P./S. - Kot. Nanpara, District - Bahraich. 3. It has been submitted by learned counsel for applicants that respondent No. 2 had filed a complaint in the Court of Special Judge POCSO Act, Bahraich under Section 354, 452, 323, 376, 504, 506 I.P.C. and 7/8 and 3/4 of POCSO Act, Thana Kotwali Nanpara, District Bahraich alleging that on 08.07.2023 at around 2.00 p.m. when the complaint was looking after sheep in the fields at a lonely place and finding the prosecutrix to be alone Raju Badhai, one of the applicants/accused came and forcibly started molesting her on which the prosecutrix started objecting and shouting and ran towards the house of her brother. The other accused also came inside the house of her brother and sexually assaulted her. The said complaint was filed on 03.11.2023. 4. It has further been submitted by learned counsel for applicants that apart from the aforesaid complaint one first information report regarding same incident was lodged on 30.07.2023 against only one of the accused, namely Raju Badhai. The police after due investigation did not find any such incident has occurred and consequently closed investigation and submitted a final report on 30.09.2023. 5. Lastly it has been submitted by learned counsel for applicants that one more complaint having identical facts as previous complaint dated 03.11.2023 was filed on 13.10.2023 and only complainants were different in both the complaints. The trial court has taken cognizance of the complaint filed on 03.11.2023 and taking cognizance of the same, issued summons to the applicants. Being aggrieved by the order dated 20.07.2024, present application under Section 482 Cr.P.C. has been preferred. 6. A perusal of the impugned order indicates that after recording the facts as narrated in the complaints, it has been stated that an affidavit has also been filed by the complainant where a complaint was initially sought to be lodged with the police and statements under Section 200 Cr.P.C. were also recorded apart from the statement of Smt. Hairana under Section 202 Cr.P.C. After considering the statements and material on record, as per Section 200 and 202 of Cr.P.C., the Court has found sufficient material to pass appropriate orders for summoning the accused. 7. Learned counsel for applicant has urged that in the same incident two complaints have been lodged apart from which a first information report was also lodged wherein a final report has been submitted and consequently it cannot be said that the complaint discloses the correct facts. Apart from which it has been stated the intention of the applicants in the present case is mala fide, as a counter-blast to the civil litigation pending between the parties. 8. It has been stated that there is a civil dispute pending pertaining to the validity of will dated 11.05.2023 and a suit for cancellation of the will has been filed by Ram Kewal/applicant No. 1 against Hairana, Anil Kumar and witnesses of the will and on the said account submits that it is due to filing of the suit that the present proceedings have been initiated against the applicants. 9. Learned A.G.A. on the other hand has opposed the case. It has been submitted that at the stage of summoning the trial court has to record a prima facie satisfaction with regard to occurrence of the cognizable offence as disclosed in the material as well as statements recorded under Sections 200 and 202 of Cr.P.C.. 10. It is stated that the complainant and other witnesses had given their statement before the trial court and on consideration of the same, the impugned order has been passed and even on a perusal of the impugned order, it has disclosed total application of mind by the trial court where all the facts and the evidences which have been adduced have been discussed. 11. Considering the rival contentions, this Court is of the considered view that at the stage of issuing process the court has to look into the material available on record to form a prima facie satisfaction with regard to occurrence of the cognizable offence. The defence, if any, is liable to be taken into account only at the subsequent stage of the trial after putting appearance. Accordingly from the material on record, this Court does not find any infirmity committed by the trial court while passing the order dated 20.07.2024, Accordingly this Court does not find any ground for interference in the matter, the present application under Section 482 Cr.P.C. bereft of merits and is hereby dismissed. (Alok Mathur, J.) Order Date :- 26.3.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench