Criminal Misc. Writ Petition seeking quashing of FIR duplicating rape offences. Court held allegations cannot be tested in writ jurisdiction and dismissed petition with liberty to apply for bail.
Petition dismissed with liberty to apply for bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 12438 of 2019
Petitioner :- Javed Akhtar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- G.A.,Ashish Kumar Mishra,Dinesh Kumar Tripathi
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; Sri Dinesh Kumar Tripathi for the respondent no.3; and perused the record.
The instant petition seeks quashing of the first information report dated 05.04.2019 registered as Case Crime No.94 of 2019, under Sections 376-D, 323, 506 IPC, P.S. Lohta, District Varanasi.
The allegations in the impugned first information report clearly disclose the offence of rape. It has been specifically alleged that the victim was picked-up by the accused on motorcycle and taken to a particular place where she was sexually assaulted. It is also alleged that she had been threatened.
The contention of the learned counsel for the petitioner is that the allegations are false and they have been levelled only on account of money dispute.
Be that as it may, the correctness of the allegations are not, ordinarily, to be tested in the writ jurisdiction and, therefore, the prayer of the petitioner to quash the first information report is rejected. The petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 9.5.2019 AKShukla/-
1 issue framed by the court
Whether the first information report disclosing rape allegations be quashed on the ground that they are false and motivated by a money dispute?
2 provisions across 2 enactments
Javed Akhtar
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
