Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C528 No.106 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Shubhr Rastogi, Advocate for the applicants.
2. Mr. B.C. Joshi, A.G.A. with Ms. Shweta B. Dobhal, B.H. for the State.
3. By means of the present C528 application, the applicants want to quash/set aside the impugned cognizance/summoning
order dated 29.07.2024, passed by the court of learned Judicial Magistrate Ist, Roorkee, District Haridwar and charge sheet dated 25.07.2024 in Criminal Case No.1898 of 2024, now registered as Special Trial No.83 of 2024, pending in the court of learned FTSC/Additional Sessions Judge, Roorkee, State of Uttarakhand Vs. Shahnawaj.
4.
Brief facts of the case in a nutshell are that applicant and victim, both were in love relation. On 24.05.2024 respondent no.2 came to know about the affair of the applicant with the victim. Thereafter respondent no.2 and other family members brutally beaten up the victim, in which the victim sustained injuries. On 25.07.2024 Investigation Officer submitted the impugned charge sheet against the present applicant under Section 376(2)(n) of IPC. On 29.07.2024 learned Judicial Magistrate, Roorkee, District Haridwar took cognizance over the impugned charge sheet and summoned the present applicant.
5.
Learned counsel for the applicant submits that there is no evidence on record to prove the alleged offences against the present applicant. Furthermore, in the supplementary medical report there is no opinion about the sexual assault.
6. Per contra, learned State counsel submits that it is a heinous crime and there is cogent evidence available on record
2 against the applicant.
7. I have heard learned counsel for the parties and carefully perused the entire documents available on record.
8. From perusal of the FIR, prima facie, the commission of cognizable offence is made out against the applicant.
9. In this view of the matter, this Court does not find any reason to interfere in the matter. Accordingly, C528 application is dismissed in limine.
(Pankaj Purohit, J.)
14.02.2025 SK