Arvind Kumar vs State Of Uttarakhand & Another

Pankaj Purohit, J

Heard learned counsel for the applicant.

By means of this C528 application, applicant has put to challenge the cognizance order dated 21.08.2024 as well as the entire proceedings of

Criminal Case No.2412 of 2024, State vs. Arvind Kumar, under Section 376 IPC, pending in the court of learned Additional Chief Judicial Magistrate,

Kashipur, District Udham Singh Nagar.

On the basis of an order passed in an application under Section 156(3) of Cr.P.C. filed by the informant, an FIR was lodged on 22.01.2024 at Police

Station Kashipur, District Udham Singh Nagar with the averment that applicant made physical relations with the informant by giving her false promise

of marriage and further threatened the informant to viral her obscene photographs.

It is contended by learned counsel for the applicant that applicant has falsely been implicated out of pure ill will. He further contends that the

informant and applicant met through Facebook and were in consensual relationship and as the informant was major, there can be no doubt regarding

non-consensual relationship.

It is also contended by learned counsel for the applicant that there is no evidence of alleged abortion, demand of bullet motorcycle or leaking of

obscene photographs as contended in the FIR and the only cause of not marrying the informant was her getting involved with another man.

Per contra, learned State Counsel submits that offence is of heinous nature; specific role has been assigned to the applicant and the learned trial

court has rightly summoned the accused applicant.

I have heard learned counsel for the parties and carefully perused the entire documents available on record.

From perusal of the FIR, prima facie, the commission of cognizable offence is made out against the applicant. 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 528 Cr.P.C. should be resorted to

in the rarest of the rare cases. Accordingly, the application fails and is dismissed in-limine.

Pending application, if any, stands disposed of.