In a criminal miscellaneous writ petition, the court dismissed the petitioner's prayer to quash an FIR alleging a rape incident under Section 376 IPC, rejecting the argument that a subsequent counter-FIR or lack of injuries warranted quashing at this stage.
Prayer to quash the First Information Report is dismissed.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11477 of 2019
Petitioner :- Nawab Saifi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Rana Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 05.04.2019 registered as Case Crime No.0306 of 2019 at P.S. Loni Border, District Ghaziabad, under Section 376 I.P.C.
The allegation in the impugned first information report, which has been lodged by the victim (Ruby) is that the victim contacted the petitioner (Nawab Saifi) in connection with purchase of a plot of land. It is alleged that on 24.3.2019 he had called the informant to a place near Munna Lal Halwai restaurant on the first Gali of Jama Masjid road. It is alleged that there the informant was raped by the petitioner. She has alleged that some how she managed to return back to her home and could draw courage to lodge the first information report.
The contention of learned counsel for the petitioner is that the allegations in the first information report are absolutely false; that they have no support from any medical report; and that the informant is a black mailer.
A supplementary affidavit has also been filed today annexing therewith a first information report which has been lodged by the petitioner against the informant Ruby and five others including Sub-Inspector and Head Constable of police station, which has been registered on 27.04.2019 as Case Crime No. 0363 of 2019 at P.S. Loni Border, District Ghaziabad. The allegation in the first information report that has been lodged by the petitioner is that the informant Ruby has falsely implicated the petitioner in collusion with police personnel for the
purpose of extorting money.
The contention of learned counsel for the petitioner that because the petitioner has levelled allegations against the informant in a subsequent first information report therefore, the impugned first information report is liable to be quashed cannot be accepted simply because the first information report of which quashing is sought is much earlier in point of time and otherwise also whether the allegations are true or false would have to be determined on the basis of material collected during the course of investigation and evidence led in trial. More over, lack of injuries on the body of the victim by itself is not a ground to discard prosecution case at the incipient stage.
Under the circumstances, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed with liberty to the petitioner to apply for bail.
Any observation made in this order is purely for the purpose of deciding this petition. It should not be treated as an opinion expressed by the Court on the merits of the case.
Order Date :- 3.5.2019 Md Faisal
2 issues framed by the court
Whether a criminal petition seeking quashing of a First Information Report under Section 376 IPC can be accepted where the petitioner filed a counter FIR alleging false implication.
Whether the absence of injuries on the victim's body constitutes a ground to discard the prosecution case at the incipient stage.
1 provisions across 1 enactments
Nawab Saifi
State Of U.P.
2 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
