Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15731 of 2019 Petitioner :- Sardar Gagandeep Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhanshu Singh Counsel for Respondent :- G.A.,Amit Malik
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; Shri Santosh Kumar Giri holding brief of Shri Amit Malik learned counsel for respondent no. 3 and perused the record.
The instant petition seeks quashing of the first information report dated 14.05.2019 registered as Case Crime No.0550 of 2019, under Sections 328, 376, 506 I.P.C., Police Station- Baradari, District- Bareilly.
The allegation in the first information report is that about one year ago petitioner no. 1 (Sardar Gagandeep Singh) had taken informant for shopping at a mall where he mixed some substance in her cold- drink as a result she fell unconscious and, exploiting the situation, she was physically sexually assaulted and a video clip was made. It is alleged that petitioner threatened the victim to make the video clip viral. She has also levelled allegations against family members of petitioner no. 1 with regard to extension of threat.
The contention of the learned counsel for the petitioners is that the allegations are absolutely false and the fact of the matter is that the informant is being prosecuted for offence punishable under Section 138 N.I. Act at the instant of the petitioner no. 1 and, therefore, as counter blast, the first information report has been lodged.
Be that as it may, as correctness of the allegations are not, ordinarily, to be tested in the writ petition, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 31.5.2019 Sharad/-