Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2298 of 2019 Petitioner :- Rahul Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santoosh Kumar Dwivedi,Manish Kumar Panday Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 3.6.2014 registered as Case Crime No. 153 of 2014, under Sections 363, 366, 376, 504, 506, I.P.C., at Police Station - Karchana, District - Allahabad, which was lodged by respondent no. 3 (Marjina) alleging that her minor daughter Shabnam, aged about 14 years, has been enticed away by the accused persons.
The learned counsel for the petitioner has contended that for no good reason, the petitioner is being harassed in the present case, even though he is not named in the F.I.R.
From Annexure No. 2 to the petition, it appears that case diary was produced before the Judicial Magistrate, Court No. 2, Allahabad and, after drawing satisfaction from the material produced before him, the Judicial Magistrate Court No. 2, Allahabad, passed an order, dated 31.12.2018, directing issuance of process under Section 82 against the petitioner (Rahul Tiwari) and one (Altaf).
It has not been demonstrated that the victim has been produced before the Court and that she has exonerated the petitioner. Rather, from paragraphs 9 and 10 of the petition it appears that the name of the petitioner came to light from the statement of the victim.
Under the circumstances, since the First Information Report discloses commission of offence, the investigation would have to be brought to its logical conclusion therefore the prayer to quash the F.I.R. cannot be accepted and further, as the Court has issued process under Section 82 Cr.P.C., after drawing satisfaction from the material brought on the case diary, no case for interference is made out.
The writ petition is dismissed.
Order Date :- 29.1.2019 Md Faisal