Anita Chaudhry, J. - (1.) Crl. Misc. No. 22043 of 2014
(2.) APPLICATION is allowed, as prayed for and Annexures P -3 to P -6 are taken on record. Crl. Misc. No. M -12507 of 2014 This is a petition for invoking powers under Section 482 Cr.P.C. for quashing the order dated 15.09.2012 (Annexure P -1) passed by Sub Divisional Judicial Magistrate, Jalalabad (West), whereby the accused were summoned only under Sections 323 read with Section 34 IPC.
(3.) IN order to appreciate the issue raised by the petitioner, it is necessary to refer to the facts. The complainant filed a complaint before the Magistrate on the allegations that on 30.06.2006 at about 7:30 PM she and her son were alone in the house when some ladies and men came to her and called her out of the house to settle the controversy. The complainant resisted saying that her husband was not at home, then agreed to accompany the accused in a jeep. After covering some distance, the jeep was stopped and the accused got down on the pretext of drinking water. The complainant was also asked to alight. The son of the complainant remained sitting in the jeep along with driver. Accused Chiman Singh caught hold of the complainant, muffled her face with a cloth. He pointed out a pistol at her and asked her to remove her clothes. The complainant refused to accede to the directions and then the accused removed her Salwar and started fiddling and committed rape. The accusations made by the complainant are that accused Kulwinder Kaur caught her from her hair while accused Jeeto caught her hands and the remaining accused committed rape and indecent acts. The complainant was dumped on the spot and the accused fled away leaving her son behind.;