Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2823 of 2021 Petitioner :- Prabhav Pratap Singh @ Vikki Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadh Bihari Pandey Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner; learned A.G.A. for respondents no.1 and 2; and perused the record.
The instant petition seeks quashing of the F.I.R. dated 9.3.2021 registered as Case Crime No.0182 of 2021, under Sections 341, 354, 392, 504, 506, I.P.C. and Section 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station- Barra, District- Kanpur Nagar. Further prayer has been made to direct the respondents not to arrest the petitioner in pursuance of the aforesaid FIR.
Learned counsel for the petitioner submits that the informant and petitioner are residing in the same Mohalla and they are well known to each other. Prior two years the informant and her husband were taken a sum of Rs.2,50,000/- from the mother of the petitioner namely, Smt. Abhilash Yadav (co-accused) for depositing in RSPL Ltd. company and assured that they will return the same as earliest. After one year when the petitioner demanded his money, informant and her husband did not return the same stating that his money has been dropped in company and her husband is ill. It has further been submitted that there is dispute of money. No such incident has taken place. Allegation of outraging the modesty made by the informant with her and her daughter is not probable and the prosecution story is not believable. The FIR has been lodged with delay of five days without any plausible explanation. No offence is made out against the petitioner.
Per contra learned A.G.A. opposed the prayer for quashing the impugned first information report and argued that in the first information report allegation of molestation has been made against the petitioner. The victim is minor aged about 16 years. From the allegations made in the first information report prima facie cognizable offence is made out, therefore, impugned first information report is not liable to be quashed.
The FIR has been lodged by respondent no.3, Smt. Anju Singh. The petitioner is named in the first information report. Allegation of molestation has been made against the petitioner.
Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we find that the allegations disclose commission of cognizable offences, therefore, the prayer of the petitioner to quash the impugned First Information Report cannot be accepted and the same is, hereby, refused.
The petition is dismissed.
Order Date :- 6.4.2021 T. Sinha