In an application filed before the Allahabad High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking quashing of proceedings of a case registered under Sections 506, 376, and 384 of the Indian Penal Code, 1860 (IPC), pending before Judicial Magistrate – II, Bhadohi, a Single Judge Bench of Justice Avnish Saxena refused to quash the proceedings holding that there was a triable issue which warranted the continuance of trial.
On 16-02-2024, the victim, a married lady, complained about an incident of 16-02-2022 when she was subjected to repeated rape by the applicant, who claimed to be an exorcist. It was submitted that the applicant asked the victim to reach her house at 9 PM for the treatment of her two-year-old son and gave her a laddoo as prasad. After consuming said prasad, the victim fell unconscious and, upon regaining consciousness, found that her clothes were open. Upon being complained to about the same, the applicant stated that he had recorded her videos and photographs.
In her statements under Section 161 and 164 of the Code of Criminal Procedure, 1973 (CrPC), the victim mentioned that, subsequent to that incident, she had been raped after being blackmailed that the applicant would circulate the videos and photos.
The Court noted that there were no love relations between the victim and the applicant, and that the applicant possessed videos and photos, as evidenced by the supplementary affidavit filed by the applicant. It was found that this substantiated the allegations of the victim and that there was a triable issue for which the trial should be continued.
It was stated that the powers of the High Court under Section 528 are very wide, but must be exercised in the rarest of rare cases. The Court said that this power does not confer arbitrary jurisdiction and is used to prevent the abuse of the process of law. Thus, the Court opined that the present case did not fall within the category of rare cases and refused to quash the proceedings, dismissing the application.
Appearances:
For Applicant – Mr. Dhirendra Kumar Srivastava
For Opposite Party – G.A. Shashi Bhushan Mishra, Mr. Sunil Kumar Singh
