2025:UHC:3357 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application U/s 482 No. 577 of 2024 01 May, 2025 Akash Singh Rana --Applicant Versus State Of Uttarakhand & another --Respondents With Criminal Misc. Application U/s 482 No. 580 of 2024 Omvati & others --Applicants Versus State Of Uttarakhand & another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Kaushal Pandey, learned counsel for the applicant. Mr. Vipul Painuly, learned AGA for the State. Mr. D.K. Tyagi and Mr. Bharam Dev, learned counsel for respondent no.2. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of both these C482 applications, applicants have put to challenge the cognizance and summoning order dated 05.02.2024 in Special Sessions 1 2025:UHC:3357 Trial No.40 of 2024, State of Uttarakhand vs. Akash Singh Rana & others, under Sections 376 and 506 IPC and Section 5/6 of the Protection of Children From Sexual Offences Act, 2012 and Section 3/4 of the Dowry Prohibition Act, 1961, pending in the court of learned F.T.C./Additional Sessions Judge/ Special Judge (POCSO), Udham Singh Nagar. 2. Facts of the case in a nutshell are that respondent no.2 lodged an FIR on 13.09.2023 against the applicants stating therein that applicant (Akash Singh Rana) enticed the respondent no.2 in the year 2019 and forcibly established physical relations with her and made an obscene video of her. When respondent no.2 started crying, applicant (Akash Singh Rana) assured her that he was in love with her for a long time and will marry her. Thereafter, on multiple occasions, applicant (Akash Singh Rana) established physical relations with the respondent no.2 and when respondent no.2 insisted on marrying her, applicant assured her that when she will turn 18, he will marry her. On 11.12.2022, as per Hindu customs, applicant (Akash Singh Rana) and respondent no.2 got engaged and applicant and his family members assured her that soon they will fix a date for marriage. On 07.08.2023, family members of respondent no.2 went to the house of applicants, then his brother-in-law, sister, mother and he himself demanded Rs.2,00,000/- in dowry and a four-wheeler to marry her. When the family members of respondent no.2 expressed their inability to fulfill the aforesaid demand, the applicant and his family members insulted and threatened the family members of respondent no.2 and refused to marry her. This resulted into lodging of the FIR. 2 2025:UHC:3357 3. After investigation, the charge-sheet was submitted by the police against the applicant on 01.11.2023 under Sections 376 and 506 IPC and Section 5/6 of the Protection of Children From Sexual Offences Act, 2012 and Section 3/4 of the Dowry Prohibition Act, 1961. Thereafter, the learned F.T.C./Additional Sessions Judge/ Special Judge (POCSO), Udham Singh Nagar took cognizance on the charge-sheet and summoned the applicants on 05.02.2024 in Sessions Trial No.40 of 2024, State of Uttarakhand vs. Akash Singh Rana & others. 4. Learned counsel for the applicants submits that applicants have falsely been implicated in the instant case and in the alleged FIR, no date, month, time or year have been mentioned of the alleged incident. The alleged incident was shown in the year 2019 and the FIR was lodged on 13.09.2023 with a huge delay of almost four years just to harass the applicant (Akash Singh Rana) and his family members. He further submits that respondent no.2 lodged the present FIR in a counter blast of the complaint filed by the sister of the applicant (Akash Singh Rana), which was lodged earlier. Furthermore, applicants have never demanded any kind of dowry from respondent no.2 and her family members. 5. Per contra, learned counsel for the respondents submits that applicant (Akash Singh Rana) has committed an offence of rape and the victim was minor at the time of alleged incident. The trial court after appreciating the evidence available on record has rightly summoned the applicants. 6. I have heard learned counsel for the parties and carefully perused the entire documents available on 3 2025:UHC:3357 record. 7. From perusal of the FIR as well as the material available in the charge-sheet, prima facie, the commission of cognizable offence is made out against the applicants. Hence, the cognizance has rightly been taken by the learned trial court and the applicants have rightly been summoned. 8. In this view of the matter, this Court does not want to interfere in the matter as the law is very clear on the point that the inherent powers under Section 482 Cr.P.C. should be resorted to in the rarest of the rare cases. Accordingly, the present C482 application fails and the same is dismissed. 9. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 01.05.2025 AK 4