Uttarakhand High Court
May vs State Of Uttarakhand & Another on 1 May, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:3357
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application U/s 482 No. 577 of 2024
01 May, 2025
Akash Singh Rana
--Applicant
Versus
State Of Uttarakhand & another
--Respondents
With
Criminal Misc. Application U/s 482 No. 580 of 2024
Omvati & others
--Applicants
Versus
State Of Uttarakhand & another
--Respondents
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Presence:-
Mr. Kaushal Pandey, learned counsel for the applicant.
Mr. Vipul Painuly, learned AGA for the State.
Mr. D.K. Tyagi and Mr. Bharam Dev, learned counsel for
respondent no.2.
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Hon'ble Pankaj Purohit, J.
By means of both these C482 applications,
applicants have put to challenge the cognizance and
summoning order dated 05.02.2024 in Special Sessions
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Trial No.40 of 2024, State of Uttarakhand vs. Akash Singh
Rana & others, under Sections 376 and 506 IPC and
Section 5/6 of the Protection of Children From Sexual
Offences Act, 2012 and Section 3/4 of the Dowry
Prohibition Act, 1961, pending in the court of learned
F.T.C./Additional Sessions Judge/ Special Judge
(POCSO), Udham Singh Nagar.
2. Facts of the case in a nutshell are that
respondent no.2 lodged an FIR on 13.09.2023 against the
applicants stating therein that applicant (Akash Singh
Rana) enticed the respondent no.2 in the year 2019 and
forcibly established physical relations with her and made
an obscene video of her. When respondent no.2 started
crying, applicant (Akash Singh Rana) assured her that he
was in love with her for a long time and will marry her.
Thereafter, on multiple occasions, applicant (Akash
Singh Rana) established physical relations with the
respondent no.2 and when respondent no.2 insisted on
marrying her, applicant assured her that when she will
turn 18, he will marry her. On 11.12.2022, as per Hindu
customs, applicant (Akash Singh Rana) and respondent
no.2 got engaged and applicant and his family members
assured her that soon they will fix a date for marriage.
On 07.08.2023, family members of respondent no.2 went
to the house of applicants, then his brother-in-law,
sister, mother and he himself demanded Rs.2,00,000/-
in dowry and a four-wheeler to marry her. When the
family members of respondent no.2 expressed their
inability to fulfill the aforesaid demand, the applicant and
his family members insulted and threatened the family
members of respondent no.2 and refused to marry her.
This resulted into lodging of the FIR.
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3. After investigation, the charge-sheet was
submitted by the police against the applicant on
01.11.2023 under Sections 376 and 506 IPC and Section
5/6 of the Protection of Children From Sexual Offences
Act, 2012 and Section 3/4 of the Dowry Prohibition Act,
1961. Thereafter, the learned F.T.C./Additional Sessions
Judge/ Special Judge (POCSO), Udham Singh Nagar took
cognizance on the charge-sheet and summoned the
applicants on 05.02.2024 in Sessions Trial No.40 of 2024,
State of Uttarakhand vs. Akash Singh Rana & others.
4. Learned counsel for the applicants submits
that applicants have falsely been implicated in the
instant case and in the alleged FIR, no date, month, time
or year have been mentioned of the alleged incident. The
alleged incident was shown in the year 2019 and the FIR
was lodged on 13.09.2023 with a huge delay of almost
four years just to harass the applicant (Akash Singh
Rana) and his family members. He further submits that
respondent no.2 lodged the present FIR in a counter
blast of the complaint filed by the sister of the applicant
(Akash Singh Rana), which was lodged earlier.
Furthermore, applicants have never demanded any kind
of dowry from respondent no.2 and her family members.
5. Per contra, learned counsel for the
respondents submits that applicant (Akash Singh Rana)
has committed an offence of rape and the victim was
minor at the time of alleged incident. The trial court after
appreciating the evidence available on record has rightly
summoned the applicants.
6. I have heard learned counsel for the parties
and carefully perused the entire documents available on
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record.
7. From perusal of the FIR as well as the material
available in the charge-sheet, prima facie, the commission
of cognizable offence is made out against the applicants.
Hence, the cognizance has rightly been taken by the
learned trial court and the applicants have rightly been
summoned.
8. 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 482
Cr.P.C. should be resorted to in the rarest of the rare
cases. Accordingly, the present C482 application fails
and the same is dismissed.
9. Pending application, if any, stands disposed of
accordingly.
(Pankaj Purohit, J.)
01.05.2025
AK
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