Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 8053 of 2021 Petitioner :- Sunil @ Sunil Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Balram Mishra Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
By means of the present petition, the petitioner is seeking quashing of the first information report dated 17.08.2021 registered as Case Crime No.589 of 2021, under Section 376 I.P.C., P.S.- Khalilabad, District- Sant Kabir Nagar.
To controvert the allegations in the first information report, it is sought to be submitted by the learned counsel for the petitioner that the first information report is a result of retaliation on account of the complaint made by the petitioner regarding working of the complainant/ respondent no.3 to the District Magistrate, Sant Kabir Nagar.
On a query made by the Court, the copy of the alleged complaint dated 07.06.2021 appended as annexure-'3' of the writ petition has been placed before the Court.
A perusal thereof does not indicate as to how and in what manner it was received in the office of the District Magistrate, Sant Kabir Nagar and further it is not disclosed as to what action has been taken upon the same. The endorsement on the said complaint cannot be accepted as a receipt of the same.
Even otherwise, from the allegations in the first information report, it cannot be said that it does not disclose the commission of any cognizable offence. Any interference at this stage may impede the speedy investigation.
The writ petition is, accordingly, dismissed. Order Date :- 24.9.2021 Radhika