Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15440 of 2019 Petitioner :- Manoj Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ram Kumar Dubey, 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 19.05.2019 registered as Case Crime No.0337 of 2019, under Section 376-D I.P.C., at P.S. Majhola, District Moradabad.
The allegations in the First Information Report are in three parts. The first part relates to development of intimacy between the informant and the accused Manoj Kumar (petitioner no.1) over a period of three years. The second part of the allegations are that by taking advantage of this intimacy, the accused got an agreement for sale executed and registered from the informant and her sister in respect of a property which she had succeeded from her late father. It is alleged that although in the agreement for sale it is shown that Rs. 2,00,000/- were paid to the informant but, in fact, no money was paid. The third part of the allegations relate to an incident dated 13.04.2019 in which the petitioner Manoj Kumar and petitioner Satish Sagar allegedly sexually assaulted the victim. There is a fourth part also which alleges that thereafter on 18.04.2019 she was called by the petitioner no. 1 to work out marriage proposal upon which she visited the house and her modesty was outraged by the accused- petitioners.
The contention of the learned counsel for the petitioners is that the first two parts of the allegations do not concern with an offence punishable under Section 376-D I.P.C. The third part of the allegations are quite unbelievable because if the incident narrated had occured on 13.04.2019, she would not have visited the house of the petitioner in respect of marriage proposal on 18.04.2019. It has been submitted that the First Information Report is completely bogus and mala fide and there is no corroboration from any medical report.
As correctness of the allegations are not to be ordinarily tested in the writ jurisdiction, on the grounds taken, the prayer of the petitioners to quash the First Information Report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but, subject to cooperation of the petitioners in the investigation, petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 31.5.2019 Rahul.