Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 14974 of 2019 Petitioner :- Mogees Ansari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pravin Kumar Mishra Counsel for Respondent :- G.A..
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 and 2 and perused the record.
The instant petition has been filed to quash the F.I.R. dated 10.5.2019 registered as case crime No. 271 of 2019 under Sections 376, 313, 506 I.P.C., Police Station- Sigra, District- Varanasi.
The contention of the learned counsel for the petitioner is that from the own allegations in the first information report, the informant is a divorced woman and she had entered into relationship with the petitioner about two years ago. Though it is alleged that the petitioner had exploited the victim and had also obtained a video clip and threatened the children of the victim but the fact of the matter is that the first information report has been lodged with a view to exert pressure upon the petitioner. It has been submitted that as the relationship between the victim and the informant, as per allegations, appears to be based on consent, no offence is made out under Section 376 I.P.C.
Be that as it may, as correctness of the allegations are not ordinarily to be tested in the writ jurisdiction, the matter would have to be investigated and, therefore, the prayer to quash the first information report cannot be accepted. As to what offence has been committed would depend upon the material collected during the course of the investigation.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but the petitioner shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided he cooperates in the investigation.
Order Date :- 29.5.2019 A. Pt. Singh