Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15149 of 2019 Petitioner :- Saroj Alias Sumit Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sheo Prasad Yadav,Kailash Pati Singh Yadav 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 respondent nos. 1, 2 and 3; perused the record.
The instant petition has been filed to quash the F.I.R. dated 5.5.2019 registered as case crime No. 152 of 2019 under Sections 376, 506 I.P.C., Police Station- Kotwali, District- Azamgarh.
The allegation in the impugned first information report is that on 6.4.2019 when the informant had gone to the house of her neighbour, the petitioner served some substance to the informant and thereafter when the informant got unconscious, she was sexually exploited and video clip was made and since thereafter informant is being blackmailed.
Learned counsel for the petitioner has submitted that the informant is admittedly married lady and she has falsely implicated the petitioner because a complaint has been made by the petitioner on 24.4.2019 to the Senior Superintendent of Police, Azamgarh.
The complaint, which the petitioner has allegedly made, is on record at page 21. From a perusal of which, it does not appear that it has been served upon any official.
In view of above, as correctness of the allegations are not ordinarily to be tested in the writ jurisdiction, the prayer of the petitioner to quash the first information report cannot be accepted, as the allegations disclose commission of cognizable offence.
The writ petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 29.5.2019 A. Pt. Singh