Dismissed

Abhishek @ Monu Srivastava and Another v. State of U.P. and 3 Others

Allahabad HC9 May 2019CRLP/12400/2019

Case brief

AI extract

What is this about?

This single-paragraph order dismisses a writ petition seeking quashing of an FIR regarding sexual assault allegations. The court rejected the contention that the case was false due to matrimonial discord with the informant's wife, noting the earlier FIR was against different parties.

What did the court decide?

Petition dismissed with liberty to petitioners to apply for bail.

Abhishek @ Monu Srivastava and Another Vs State of U.P… — Quashing and FIR | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 12400 of 2019

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Petitioner :- Abhishek @ Monu Srivastava And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prakash Chandra Srivastava Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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A supplementary affidavit has been filed today, which is taken on record.

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Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.

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The instant petition seeks quashing of the first information report dated 22.12.2018 registered as Case Crime No.580 of 2018, under Sections 376, 120-B IPC, P.S. Gorakhnath, District Gorakhpur.

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The petitioner no.1 is Nandoi of the victim-informant. The victim has alleged that while she was going to a particular place, the petitioner no.1 had provided her lift in his vehicle in which his younger brother and one another person was sitting. It is alleged that by exploiting the situation, she was sexually assaulted. She has supported the prosecution case in her statement recorded under Section 164 Cr.P.C.

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The learned counsel for the petitioner has sought to argue that the allegations are false and they have been levelled because the wife of the petitioner no.1, who is Nanand of the informant, had lodged a first information report in the year 2018, under Sections 323, 504, 498-A IPC and Section 3/4 of D.P. Act, against seven persons, namely, Abhishek Srivastava (petitioner no.1); Om Prakash Srivastava; Nirmala Srivastava; Suresh Srivastava; Vijay Srivastava; Manju Srivastava and Jagdish Lal Srivastava because there is matrimonial discord between the petitioner no.1 and his wife and in connection therewith the petitioner no.1 has lodged FIR against his wife Sarita Srivastava and others as Case Crime No.523 of 2018. It has been contended that on account of that first information report, false allegations have been levelled by the informant to exert pressure.

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The aforesaid contention is too farfetched and cannot be accepted in writ jurisdiction more so because the earlier first information report is not against the informant of this case. The petition is dismissed with liberty to the petitioners to apply for bail.

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Order Date :- 9.5.2019 AKShukla/-

Abhishek @ Monu Srivastava and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Abhishek @ Monu Srivastava and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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