Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3911 of 2021 Petitioner :- Bashistha Narain Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M J Akhtar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 20.03.2021 registered as Case Crime No.278 of 2021, under Sections 354- Ga, 384 IPC; and Section 67-A of Information Technology (Amendment) Act, P.S. Lanka, District Varanasi.
The allegations in the impugned first information report are that the petitioner (accused) obtained permission to reside in the accommodation of the informant and taking advantage of that permission obtained some video clip of the informant while she was changing her dress and by blackmailing her, she was exploited and certain obscene photographs of her were made viral by the accused.
The learned counsel for the petitioner has urged that the petitioner is a retired scientist from BHU and is a married man. He had taken the accommodation from the informant by making payment in advance. The informant, later, changed the accommodation into a guest house and wanted the petitioner to vacate the premises. When the petitioner demanded his money back, false allegations have been levelled.
Whether the allegations are true or false is to be determined on the basis of material collected during the course of investigation and the evidence led in trial, if any required. At this stage, while considering a prayer to quash the impugned first information report, the Court has to consider whether the first information report discloses commission of cognizable offence or not.
As a perusal of the first information report discloses commission of cognizable offence, the prayer of the petitioner to quash the first information report cannot be accepted, at this stage.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail, as may be advised.
Order Date :- 28.5.2021 AKShukla/-
Digitally signed by Justice Manoj Misra Date: 2021.05.28 13:52:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.05.28 13:54:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad