Neutral Citation No. - 2025:AHC-LKO:49190 Court No. - 14 Case :- APPLICATION U/S 482 No. - 10790 of 2023 Applicant :- Mantasha Bano Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. And 6 Others Counsel for Applicant :- Gauri Suwan Pandey,Wali Nawaz Khan Counsel for Opposite Party :- G.A.,Chandra Shekhar Singh Yadav,Manish Kumar Gond,Praveen Kumar Singh,Rahul Kumar Singh,Suresh Chandra Verma Hon'ble Shree Prakash Singh,J. On 03-11-2023, the following order was passed :- 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Present application has been moved by the applicant for quashing the charge sheet dated 25.06.2023 in Case Crime No.197/2023 under Sections 328, 323, 363, 342, 506, 376(3), 120B I.P.C. and Section 5(m)/6 of POCSO Act, P.S.- Sandila, District- Hardoi as well as summoning order dated 17.08.2023 passed in Criminal Case No.951 of 2023 (State Vs. Shadab and Ors.). 3. Learned counsel for the applicant submitted that on the basis of incorrect facts, F.I.R. of case in question was lodged by moving an application under Section 156(3) Cr.P.C. but without considering the evidences provided by the applicant and other accused persons, charge- sheet was filed by Investigating Officer on the basis of statement of victim recorded under Sections 161 and 164 Cr.P.C. on 25.06.2023. He further submitted that the applicant is a lady but the charge sheet is also filed against her for the offence under Section 376 (3) I.P.C. along with other offences, thereafter, cognizance was taken by the trial court. 4. Learned counsel for the applicant submitted that due to political rivalry, only with the intention to victimize applicant and other family members as well as associates, a complaint was given to the Superintendent of Police concerned on 27.02.2023 and order was passed for inquiry, thereafter, Shri Ankit Mishra, Circle Officer, P.S.- Sandila, District- Hardoi was appointed as an Inquiry Officer and he submitted inquiry report on 06.03.2023, in which, the entire allegation was found suspicious and the location of the main accused, namely, Shadab was also found at different place, thereafter, application under Section 156(3) was moved on 06.04.2023 and later on, order was passed for registering of the F.I.R. and during the course of investigation, Investigating Officer failed to consider the contents of the inquiry report dated 06.03.2023 of Shri Ankit Mishra, Circle Officer, P.S.- Sandila, District- Hardoi, therefore, kind indulgence of this Court is necessary. 5. Learned A.G.A. opposed the prayer of applicant and submitted that during the course of investigation, statement of victim was recorded under Sections 161 and 164 Cr.P.C. along with her father and mother, thereafter, charge sheet was filed but he does not dispute this fact that inquiry was conducted by Shri Ankit Mishra, Circle Officer, P.S.- Sandila, District- Hardoi. 6. Considering the submissions of learned counsel for the parties, going through the contents of application, statement of victim recorded under Section 161 and 164 Cr.P.C, inquiry report of Shri Ankit Mishra, Circle Officer, P.S.- Sandila, District- Hardoi dated 06.03.2023 as well as other relevant documents, as in the inquiry report, alleged incident was found suspicious and the location of main accused was also found at some public function in another village but all these facts were not considered by the Investigating Officer and merely on the basis of statement of victim recorded under Sections 161 and 164 Cr.P.C., charge sheet was filed, therefore, I am of the view that matter requires further investigation. 7. List this case on 16.01.2024. 8. Superintendent of Police, Hardoi is directed to depute some Circle Officer for conducting further investigation in the case in question by considering the contents of the inquiry report submitted by Shri Ankit Mishra, Circle Officer, P.S.- Sandila, District- Hardoi on 06.03.2023 and submit a report before this Court by the next date of listing. 9. Till further order, impugned proceedings shall remain stayed." Vide the aforesaid order, this court directed the Superintendent of Police, Hardoi to depute some Circle Officer for conducting further investigation considering the contents of the enquiry report submitted by Shri Ankit Mishra, the then Circle Officer, Police Station-Sandila, District-Hardoi. Thereafter, vide order dated 18-08-2025, the Investigating Officer was directed to appear before this court alongwith case diary and in compliance thereof, the photocopy of the case diary is produced before this court, which is taken on record and that shall be the part of the record. Referring the aforesaid, learned A.G.A. appearing for the State has pointed out that on 06-03-2025, on an application made by the applicant, an enquiry was conducted and the report was prepared. He submits that infact, an application was instituted before the learned trial court under section 156(3) of the Cr.P.C., whereafter, considering the same, the trial court directed to lodge the first information report and the first information report bearing Case Crime No. 0197 of 2023, under sections 328, 323, 363, 342, 506, 376(3), 120B I.P.C. and Section 5(m)/6 of POCSO Act, P.S.- Sandila, District- Hardoi, has been lodged and the matter proceeded. He submits that the chargesheet as well as the cognizance order is challenged vide the instant application and this court while passing the order on 03-11-2023, stayed the impugned proceedings while directing the Superintendent of Police, district-Hardoi to do further investigation in the matter, while considering the enquiry report dated 06-03-2023. He argued that in compliance of the order dated 03-11-2023, Ms. Shilpa Kumari, Circle Officer,Police Station-Sandila, district-Hardoi, has been appointed as an Investigating Officer and she conducted the further investigation in the matter. He submits that SCD 05(Parcha No. 21) is evident that the enquiry report dated 06-03-2023, has been read and gone through by the Investigating Officer and while concluding the investigation, the same has been taken care of. He submits that on the last occasion,when the order dated 03-11-2023 was passed, it was argued by the learned counsel for the applicant that as if the further investigation is done, contrary, the further investigation is conducted and the supplementary chargesheet has been submitted. He added that because of the interim order dated 03- 11-2023, the trial of the case under the POCSO Act, is held up and therefore, submission is that there is no merit in this application and thus, the same may be dismissed. On the other hand, learned counsel for the applicant has opposed the contentions aforesaid and submits that the applicant is a woman of 26 years of age and as per the enquiry report dated 06-03-2023, there has been no role in committing any offence as is narrated in the first information report. He also submitted that the present Circle Officer/Investigating Officer did not consider the enquiry report dated 06-03-2023, and therefore, there is non compliance of the order dated 03-11- 2023 passed by the coordinate Bench of this court. He also submits that the enquiry report dated 06-03-2023, is clear enough to show that the applicant was not involved in committing any offence. Therefore, submission is that the chargesheet filed by the Investigating Officer as well as the cognizance taken by the learned trial court, is unsustainable and thus, submission is that the whole proceedings may be quashed. Learned counsel appearing for the complainant has vehemently opposed the aforesaid contentions of learned counsel for the applicant and submitted that there is specific allegation in the first information report against the present applicant and there are serious allegations and after thorough investigation, the chargesheet has been filed and thus, the applicant is not entitled for any relief. Having heard the learned counsel for the parties and after perusal of material placed on record, it transpires that initially, an application was moved by the present applicant and the Circle Officer considering the same, submitted an enquiry report on 06-03-2023, wherein, it is observed that the charges, as narrated in the first information report, are not found proved. The fact remains that in the meantime, an application under section 156(3) of Cr.P.C. was also instituted, whereafter, on the direction of the learned trial court, the first information report was lodged under sections 328, 323, 363, 342, 506, 376(3), 120-B I.P.C. and Section 5(m)/6 of POCSO Act at P.S.- Sandila, District- Hardoi and thereafter, the chargesheet was filed and the matter proceeded and the trial court took cognizance. Being aggrieved, the applicant has approached this court by way of instituting the present application and the main ground raised by the learned counsel for the applicant is that the enquiry, which was conducted by the then Circle Officer, has been ignored by the Investigating Officer and the chargesheet has been filed. It is apparent from the ordersheet and records that the coordinate Bench of this court, has passed an interim order on 03-11-2023, while directing the Superintendent of Police, district-Hardoi to depute some Circle Officer for conducting further investigation in the matter while considering the contents of the enquiry report submitted by Shri Ankit Mishra, the then Circle Officer dated 06-03-2023. In compliance of the order of this court, further investigation is done. The photocopy of the case diary, which is produced before this court, is apparent as SCD 05(Parcha No. 21) that the report dated 06-03-2023, submitted by the Circle Officer has been read and considered and thereafter, the other Parchas were prepared. Thereafter, the supplementary chargesheet has been filed after considering the enquiry report and thus, there seems to be no violation of the order dated 03-11-2023. Coming to the challenge of the chargesheet and order of the cognizance, this court finds that there is specific allegation in the first information report regarding committal of offence and chargesheet as well as the supplementary chargesheet, have been filed before the learned trial court and learned trial court has taken cognizance as per the law, thus, this court does not find any ambiguity or erroneousness in the process of taking cognizance by the learned trial court, consequently, this court finds no merit in the instant application. Resultantly, the application is hereby dismissed. The interim order dated 03-11-2023 stands vacated. The personal appearance of the Circle Officer/Investigating Officer, is hereby exempted. It is provided that the learned trial court shall proceed in the matter, in accordance with law. Order Date :- 21.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench