- (1.)The applicant has filed this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 20/11/2019 passed in S.T. No.121/2019 whereby learned Additional Sessions Judge, Lavkush Nagar, Distt. Chhatarpur framed charges against the applicant for the offences punishable under Sections 294 , 354A , 506 Part-II of IPC and under Section 7 read with Section 8 of Protection of Children from Sexual Offences Act, 2012.
(2.)The case of prosecution against the applicant, in short, is that prosecutrix who is minor aged about 16 years resides with her mother and applicant is the father of the prosecutrix. The applicant is in habit of drinking liquor. He harassed his wife, therefore, his wife started living separately from the company of the applicant along with prosecutrix. The applicant abused the prosecutrix as well as her mother by using filthy words and creating annoyance to the prosecutrix as well as her mother and also making a sexual remarks against the prosecutrix. He also keeping ill-eye upon her and sexually harassed her and prosecutrix lodged complaint against the applicant to that effect. Police submitted charge sheet after completion of investigation. Learned trial Court registered a case as S.T. No.121/2019 and after hearing both the parties vide impugned order dated 20/11/2019 framed charges against the applicant under the aforementioned offences.
(3.)The applicant has filed this criminal revision challenging the order of framing charges dated 20/11/2019 against him on the ground that no ingredients of any offence are made out on the basis of the material filed along with the charge sheet. Learned trial Court has not appreciated the material properly. The applicant being father of the prosecutrix resisted the prosecutrix and her mother for indulging in the unsocial activities as the applicant is having all responsibilities towards the prosecutrix for her good education, good behaviour and discipline, however, prosecutrix and her mother have not liked that restrictions and have falsely lodged a report against the applicant to keep separate him from the family. Learned counsel for the applicant further submits that the applicant is a Government servant serving as Assistant Veterinary Field Officer at Lovkush Nagar, Distt. Chhatarpur, therefore, the Court cannot take cognizance against the applicant without prior sanction for prosecution under Section 197 of the Code of Criminal Procedure, 1973 from the head of the department of the applicant. Thus, in these premises, he prays that by setting aside the impugned order, the applicant may be discharged from the charges.