Court refused to quash FIR in rape and sexual harassment case, finding prima facie offence made out. Petition dismissed with direction to apply for bail within 30 days.
Prayer for quashing FIR and staying arrest refused. Bail to be decided by court below if applied within 30 days.
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Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11247 of 2019
Petitioner :- Ram Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neeraj Kumar Srivastava,Pankaj Kumar Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
The relief sought by means of this petition is for quashing of the FIR dated 4.6.2019 registered as Case Crime No.116 of 2019 under Sections 376/313/509/506 IPC, Police Station Kotwali Dehat, District Mirzapur.
It is submitted by the learned counsel for the petitioner that the petitioner is unnecessarily being harassed by the police personnel. There is no evidence connecting the petitioner with the said offence. The prosecution story is offshoot of personal vendatta so as to put the petitioner inside the bar. The life and liberty of the petitioner cannot be downsized merely unfounded allegations. The victim is a women of easy virtue and is entrapping the innocent persons by making flirtation hence the impugned FIR is liable to be quashed.
Per contra learned contended that there is sufficient material showing the complicity of the petitioner in the commission of said offence. The allegations made against the petitioner cannot be aborted at this stage. The petitioner will have sufficient opportunity to prove his innocence.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner . No cogent and convincing reason has been put forth by the learned counsel for the petitioner prompting this Court to quash the FIR. The petitioner is involved in the serious outraging the modesty of a lady. This Court does not find any justifiable ground for quashing the F.I.R. or staying the arrest of the petitioner hence the prayer for quashing the FIR or staying the arrest of the petitioner is refused.
The writ petition does not have any substance and is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered and decided by the court below in accordance with law.
Order Date :- 29.4.2019
Naim
1 issue framed by the court
Whether the FIR under Sections 376/313/509/506 IPC is liable to be quashed on the ground of lack of evidence and personal vendetta.
Ram Kumar
State Of U.P.
Naheed Ara Moonis
Anil Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
