Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7974 of 2021
Petitioner :- Raj Karan Patel And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The petitioner no. 3 is personally present in the Court and submits that the petitioner no. 1 who is also an Advocate, practising in this High Court, has left the Court on account of some personal difficulty. He further states that the President of the Bar Association namely, Sri Amrendra Nath Singh has been engaged as Senior Counsel to argue the matter.
On a query made by the Court as to the engagement slip of the learned Senior Counsel, the same could not be produced in the Court. Lastly, it is submitted that the matter has not been prepared by the petitioner no. 3 himself.
Both the petitioner nos. 1 and 3 are named accused in the first information report dated 7.4.2021 which has been registered as case crime no. 0198 of 2021 under section 366 I.P.C. The victim -girl namely, Ambika Patel, the daughter of the respondent no. 5- Karunapati Patel, is personally present in the Court representing her cause.
It is stated by the victim -girl that her statement under section 164 Cr.P.C. has been recorded and therein she has supported the case of the prosecution.
Having noticed that the statement of the victim-girl has been recorded under section 164 Cr.P.C. as also the averments in the first information report, we do not find it a fit case for interference as it cannot be said that the first information report does not disclose the commission of a cognizable offence.
The writ petition is accordingly, dismissed being devoid of merit.
Order Date :- 24.9.2021 Gss