Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15451 of 2019 Petitioner :- Chaitendra Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vidya Bhushan Srivastava,Rakesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 02.05.2019 registered as Case Crime No.0145 of 2019, under Sections 376-D, 452, 307, 511, 376 I.P.C. and under Sections 5/6 Protection of Children from Sexual Offences Act and under Sections 3(2)(V) of SC/ST Act, at P.S. Nigohi, District Shahjahanpur.
The allegations levelled in the First Information Report disclose commission of cognizable offences and it has also come in the F.I.R. that the victim is deaf and dumb and she narrated the entire incident through gestures.
In the facts and circumstances of the case, although the petitioners may claim that they have been falsely implicated but it is not a fit case where the First Information Report should be quashed in exercise of writ jurisdiction.
The writ petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 31.5.2019 Rahul.