Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7803 of 2021 Petitioner :- Mukesh And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Upendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Shri Upendra Kumar Mishra, learned counsel for the petitioners and learned AGA for the State.
By means of the present writ petition, the petitioner is seeking quashing of the first information report dated 07.09.2020 registered as Case Crime No. 0591 of 2020, under Sections 376, 323, 504 and 506 I.P.C., P.S.- Kasya, District- Kushinagar.
Looking to the allegations in the first information report, it cannot be said that no cognizable offence is made out. Any interference, at this stage, may impede the speedy investigation. The contention of the learned counsel for the petitioners that the petitioner Nos. 1 and 2 are related to the main accused and they have no concern with the entire incident and moreover, victim was a consenting party, cannot be examined within the scope of Article 226 of the Constitution of India.
The writ petition is, accordingly, dismissed.
Order Date :- 20.9.2021 Priya