Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15080 of 2019 Petitioner :- Uma Shankar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devendra Pratap 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 2.5.2019 registered as case crime No. 425 of 2019 under Section 328, 376-D, 504, 506 I.P.C., Section 67 of the I.T. Act and 3 (2) (V) of the S.C./S.T. Act, Police Station- Kotwali Nagar, District- Etah.
The allegation in the first information report is that informant's daughter, Ritesh got acquainted to the petitioner while preparing for TET examination. It is alleged that on 9.2.2019 the accused served some sweet to the informant's daughter as a result of which she got unconscious and, thereafter, obscene photographs of the victim were obtained. It is alleged that thereafter she had been threatened and insulted. It has also been alleged that on 14.4.2019 some obscene photographs of the daughter of informant were made viral and, on 22.4.2019, the petitioner (Uma Shankar Yadav) from his mobile phone called the informant and threatened the informant that obscene photographs have been uploaded and now he would upload the video clip of sexual assault.
Learned counsel for the petitioner has submitted that the facts and circumstances of the present case suggest that whatever relationship the informant's daughter had developed with the petitioner was over a period of time on account of their acquaintance with each other and therefore allegations of sexual assault are not made out. It has been submitted that allegations are nothing but false.
Be that as it may, as correctness of the allegations are not ordinarily to be tested in the writ jurisdiction and it has been stated specifically in the first information report as to when mobile call was made to the informant, and from which number, it cannot be said that the allegations in the first information report do not disclose commission of cognizable offence. Under the circumstances, the prayer to quash the first information report cannot be accepted.
The writ petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 29.5.2019 A. Pt. Singh