Gulfam Vs State of U.P. and 2 Others

Court No. - 51

Case :- CRIMINAL MISC. WRIT PETITION No. - 13425 of 2018

Petitioner :- Gulfam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sundeep Shukla Counsel for Respondent :- G.A.

¶4

Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.

¶5

Heard learned counsel for the petitioner(s) and learned A.G.A. for the State.

¶6

This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 139 of 2018, under Section- 363, 366, 376(d) IPC and section 5(g)/6 POCSO Act, P.S.Partapur, district- Meerut.

¶7

Learned counsel for the petitioner(s) submitted that initially an application was given by the victim herself on the basis of which a final report was submitted. He further submitted that the girl is changing her version from time to time.

¶8

However, we have perused the FIR and from perusal of the allegations as made in the impugned F. I. R., it cannot be said that no cognizable offence is made out. We have also perused the statement of the girl under Section 164 CrPC.

¶9

Reference may be made to the judgment of the Apex Court rendered in the case of R. Kalyani v. Janak C. Mehta and Others reported in 2009 (1) SCC 516. The said decision has also been followed by the Apex Court in the case of Kamlesh Kumari and Ors. v. State of U.P. and Ors. reported in 2015 AIR SCW 3700 .

¶10

After hearing learned counsel for the parties and after perusing the impugned FIR and keeping in view the law as laid down by the Apex Court in the aforementioned cases, the Court is of the opinion that no case for grant of any indulgence is made out.

¶11

Accordingly, the writ petition is dismissed.

¶12

Order Date :- 24.5.2018 Kuldeep

Gulfam v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Gulfam v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lakkhi Vs State of U.P. and 2 Others

Pranshi Shukla and Another Vs State of U.P. and 3 Others

Ravi Vishwakarma and 5 Others Vs State of U.P. and 3 Others

Archana Dubey and Another Vs State of U.P. and 3 Others

Rooby and Anr. Vs State of U.P. and 3 Ors.

Avnish Vs State of U.P. and 3 Others