Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 12369 of 2021 Petitioner :- Subash Lal Srivastava and 5 others Respondent :- State of U.P. and 2 others Counsel for Petitioner :- Akhilanand Mishra Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Shree Prakash Singh,J.
Heard Sri Akhilanand Mishra,learned counsel for the petitioners and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 20.11.2021 registered as Case Crime No. 358 of 2021 under Sections 376, 452, 506, 352, 504 I.P.C., Police Station Sahjanwa, District Gorakhpur. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned counsel for the petitioners submitted that no offence has been made out and informant herself stated that she had told the incident of rape to her devar who said that some compromise would be done next day and thereafter the accused persons have come and threatened the informant.
Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.
On perusal of the F.I.R. as well as the statement of the victim recorded under Section 161 Cr.P.C. annexed as Annexure No. 3 to the petition prima facie cognizable offence is made out. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.
Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.
Order Date :- 21.12.2021 Ram Murti