Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 14810 of 2019 Petitioner :- Sahab Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishnu Dayal Agarwal,Sandhya Agarwal Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for the State-respondent nos. 1, 2 & 3; and perused the record.
The instant petition seeks quashing of the FIR dated 14.05.2019 registered as Case Crime No. 1093 of 2019, under Sections 452, 328, 376, 506 I.P.C., Police Station Kotwali, District Etah.
The allegation in the impugned F.I.R. is that on 18.02.2018, the informant was served some intoxicant in her drink and, thereafter, when she fell unconscious the accused sexually exploited her and obtained a video clip, thereafter, under threat of uploading the video clip, she had been continuously exploited by the accused, as a result, she became pregnant. It is alleged that the accused had been blackmailing her and forcing her to divorce her husband.
The contention of the learned counsel for the petitioner is that the allegations are absolutely false and baseless. Even assuming that such a relationship existed the same appears to be consensual.
Be that as it may, as correctness of the allegation cannot be tested in the writ jurisdiction, the prayer of the petitioner to quash the impugned F.I.R. cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation shall continue and brought to its logical conclusion, but, subject to petitioner's co-operation in the investigation, the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.
Order Date :- 28.5.2019 Vibha Singh