Decided on April 13,2012

Vinay Tiwari S/o Sri Anandmani Tiwari R/o Village Durgapur near Shiwalay Tehsil Kotdwar Garhwal Appellant
Smt. Vidya W/o Sri Gopal Singh Rawat, R/o Village Nandpur Patti Motadak Tehsil Kotdwar Garhwal Respondents


Hon'ble B.S. Verma, J. - (1.) THIS criminal misc. application U/S 482 Cr.P.C. has been filed with the prayer to quash the order dated 28 -8 -2009, passed by Additional Chief Judicial Magistrate, Kotdwar in Criminal Case No. 275 of 2009, Smt. Vidya Rawat Vs. Vinay Tiwari, whereby the accused/applicant was summoned to face trial U/Ss 366, 376, 498 I.P.C. The facts of the case are that respondent is the tenant in the premises owned by applicant. On several occasions the applicant had asked the husband of the respondent to vacate the premises, but they did not vacate the said premises. According to applicant on 14.12.2008 the husband of respondent abused the applicant and said that he will teach a lesson to him. Thereafter a false F.I.R. was lodged on 15.12.2008 by Gopal Singh Rawat husband of applicant, disclosing therein that his wife had gone with the applicant. Thereafter on 20 -12 -2008 the respondent came to the police station herself and told the police that she went for roaming and wandering and body had taken her by force and she did not want to go with her husband or with her parents. The respondent also gave her statement before the S.D.M. Kotdwar and the S.D.M. passed order for keeping her at Nari Niketan. The respondent was also medically examined and according to medical report she was 22 years of age and she was habitual for sexual intercourse. The police did not take any action as no case was made out against the applicant.
(2.) THEREAFTER on 22 -01 -2009 the respondent Smt. Vidya filed complaint against the applicant before Chief Judicial Magistrate Kotdwar and narrated the facts that she was living along with her husband at the house of the applicant as tenant. On 14 -12 -2008 at 6 -30 P.M. the applicant took her with him on the pretext of some urgent work and when she resisted the accused threatened her if she did not come with him he will kill her husband. Then at 7.00 p.m. the accused carried her in some house at Bhawakot Kotdwar and forcibly committed rape upon her. She further mentioned in the written complaint that on 15th December, 2008 the accused carried her at his maternal uncle's house at Kashipur and there also committed forcible rape upon her. On 16 -12 -008 at 3.00 a.m. he carried her in a hotel and there also committed rape on her. It is further mentioned in the complaint that on 15 -12 -2008 also report of the incident was lodged by her husband and the police took her in custody and under the pressure of accused did not lodge the F.I.R. Her husband also sent complaint to S.P. Pauri and State Women Protection Cell but no action was taken and now she has filed the complaint. The learned Magistrate recorded the statement of Smt. Vidya U/S 200 Cr.P.C. and the statement of Dr. Sangeeta Negi Medical Officer Government Hospital Kotdwar U/S 202 Cr.P.C. Smt. Vidya has narrated the whole story in her statement and specifically made statement that the accused had kidnapped her under threat and also committed rape upon her against her will by giving threats to the life of her husband. The Medical Officer also stated that on 20 -12 -2008 at 6.05 P.M. Smt. Vidya was medically examined.
(3.) THE learned Addl. Chief Judicial Magistrate, Kotdwar after perusing the statements of witnesses and other documentary evidence, found that a prima facie case U/Ss 366, 376 and 498 I.P.C. is made out against the accused/applicant and accordingly he was summoned to face trial vide impugned order dated 28 -8 -2009.;

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