- (1.) This application u/s 482 Cr.P.C. has been filed by the applicant with a prayer to quash the summoning order dated 7.12.2019 passed by Civil Judge, (SD/FTC), Jaunpur, in case No. 24 of 2019 (Rinki Singh Vs. State of U.P.) arising out of case crime No. 168 of 2019, under Sections 354, 504, 506 IPC, P.S. Newaria, District Jaunpur.
(2.) The brief facts of this case are that the opposite party No. 2 lodged FIR by means of Application under Section 156(3) Cr.P.C. dated 17.5.2019 with the allegations that on 7.5.2019 the opposite party No. 2 who is an 'Asha-Sangini', at that time was invited by the applicant to participate in a meeting that was presided over by the applicant (Medical Superintendent) and when the meeting was over, the applicant allegedly called the prosecutrix in his room and made sexual overtures at her and also the applicant tried to establish physical contact with her which was resisted by the opposite party No. 2. Being aggrieved with applicant's molestation, hurling abuses and intimating with her, on the basis of 156(3) Cr.P.C., FIR was lodged by the opposite party No. 2 against the applicant under Sections 354, 504 and 506 IPC.
(3.) Subsequently, the statement of the victim has been recorded under Section 164 Cr.P.C. before the learned Magistrate and under Section 164 Cr.P.C. she elaborated version as brought forward by her in the FIR and in the statement under Section 161 Cr.P.C. Investigating Officer had recorded the statement of three independent witnesses, namely, Devendra Kumar Singh, Ankit Kumar Maurya and Rekha Rani Pandey. On 29.9.2019, Investigating Officer incorporated the statements of 13 independent witnesses. All of them have specifically stated that the proceedings have been initiated by the prosecutrix against the applicant are false, malafide and only in order to exert pressure upon him as the applicant recommended the cancellation of vaccination centre of opposite party No. 2. Investigating Officer after considering the statement of independent witnesses submitted the final report in favour of the applicant.;