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Synopsis

The Supreme Court has stayed criminal proceedings initiated against sports administrator and then Indian Olympic Association treasurer Anandeshwar Pandey in a case related to sexual harassment lodged by a national level player of handball, who worked as a constable in Sashtra Seema Bal.

A bench of Justices Vikram Nath and Rajesh Bindal issued notice to the Uttar Pradesh government and the complainant on a special leave petition filed by Pandey.

He challenged validity of the Allahabad High Court's order of September 18, 2023 rejecting his plea to quash the charge sheet and the FIR in the case.

The court sought a response from the state government and the complainant within six weeks after hearing advocate Kamini Jaiswal and Rohit Kumar Singh on behalf of Pandey.

"In the meantime, there shall be stay of further proceedings before the Trial Court," the bench said in its order on December 12, 2023.

The police had filed the charge sheet on January 28, 2023 under Sections 506, 354 and 354A IPC in police station Hazratganj, District Lucknow.

The woman complainant had lodged the complaint in Bhiwadi on August 28, 2022 which was transferred to Lucknow on September 16, 2022. She had claimed the accused had attempted to rape her in lieu of her selection in the handball team.

The petitioner claimed the woman was herself a constable and she was aware about the medico-legal examination of a rape victim but deliberately, the FIR in question was lodged by her after a delay of about five months. He contended that charge sheet was filed by the Investigating Officer in the most mechanical manner for the offences under Sections 506, 354 and 354A IPC as the documents provided by the applicant related to his presence were not considered during the investigation.

 

He also claimed that the independent witnesses/sports girls have not supported the prosecution version which created doubt on the story of the victim. 

 

The High Court, however, had termed the application under Section 482 of the Criminal Procedure Code by the petitioner as misconceived and dismissed it.

 

It had taken into consideration the submissions of counsel for the parties, going through the contents of application as well as other relevant documents, and the fact that the charge-sheet has already been filed and cognisance has already been taken by the trial court, and it is well settled by the Apex Court in the Case of CBI Vs Aryan Singh (2023) that in the application under Section 482 CrPC, mini trial at the stage of the quashing of the criminal proceeding is not permissible.

 

Cause Title: Anandeshwar Pandey Vs State of Uttar Pradesh