Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3805 of 2021 Petitioner :- Shrawan Respondent :- State of U.P. and Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 29.11.2020 registered as Case Crime No.343 of 2020, under Sections 147, 354-B, 323, 352, 504 IPC, P.S. Thana Bhawan, District Shamli.
The allegation in the impugned first information report is that when the informant had gone to put cow dung on her plot of land, she was dragged by the petitioner in the sugarcane field so as to molest her. When she raised an alarm, her Devar came to her rescue. Thereafter, when her family members went to petitioner's house to make a complaint they were threatened and attacked with brickbats.
The contention of the learned counsel for the petitioner that the allegations are absolutely false and have been levelled on account of property dispute.
Be that as it may, as the allegations disclose commission of cognizable offence the correctness of those allegations would have to be tested on the basis of material collected during the course of investigation and therefore the prayer of the petitioner to quash the first information report cannot be accepted, at this stage.
The petition is dismissed.
Order Date :- 25.5.2021 AKShukla/-
Digitally signed by Justice Manoj Misra Date: 2021.05.25 17:10:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.05.25 17:42:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad