Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25792 of 2019 Petitioner :- Juginder Bhasin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,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 12.10.2019 registered as Case Crime No.1223 of 2019, under Sections 376, 313, 323, 506 IPC, P.S. Baradari, District Bareilly.
The allegations in the impugned first information report are to the effect that informant was sexually abused and an objectionable video was also prepared and thereafter under the threat of making the objectionable video viral, the informant was continuously sexually exploited and when she turned pregnant, she was made to abort.
The contention of the learned counsel for the petitioner is that the allegations are absolutely false and it appears that since relationship had been over a period of time, the informant was a consenting party.
Be that as it may, all the aforesaid aspects would have to be ascertained on the basis of the material collected during the course of investigation and, at this stage, it would not be appropriate for us to express any opinion as regards the validity of the consent of the informant. The petition is dismissed without prejudice to the right of the petitioner to apply for bail or anticipatory bail, as may be advised.
Order Date :- 18.12.2019 AKShukla/-