Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25930 of 2019 Petitioner :- Amit Singh Patel And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vatsala Upadhyay,Manish Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 16th November, 2019 registered as Case Crime No.0367 of 2019, under Sections 452, 376, 342, 506 and 392 IPC and Section 66 of I.T. Act, 2008 at Police Station Kaundhiara, District Prayagraj.
The allegations made in the impugned first information report clearly disclose commission of an offence of rape and it is also alleged that video clip of that incident was also prepared.
The contention of learned counsel for the petitioners is that the allegations are false and have been made as a counter blast to a case lodged from the petitioners' side in respect of dishonour of cheque.
Be that as it may, as correctness of the allegations is not to be tested in the writ jurisdiction and it would have to be tested on the basis of material collected during the course of investigation, the prayer of the petitioners to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail, as may be advised.
Order Date :- 20.12.2019. Rks.