Dhananjay Mittal Vs State of U.P. and 2 Others

Court No. - 33

Case :- CRIMINAL MISC. WRIT PETITION No. - 13872 of 2019

Petitioner :- Dhananjay Mittal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A.,Satyam Narayan

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

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Heard learned counsel for the petitioner; learned A.G.A. for the State-respondent nos. 1 & 2; Sri Satyam Narayan, learned counsel for the respondent no. 3 and perused the record.

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The instant petition seeks quashing of the FIR dated 31.03.2019 registered as Case Crime No. 249 of 2019, under Sections 376, 506, 384, 406 I.P.C., Police Station Kankrkheda, District Hapur.

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The allegation in the impugned F.I.R. is that the victim had developed acquaintance with the accused when she used to go to the Gym and, thereafter, one day i.e. 17.04.2018, the victim was sexually assaulted and her video was obtained. Since thereafter under threat of making the video viral and by threatening steps against her children and husband, the victim was exploited for the last one year.

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The contention of the learned counsel for the petitioner is that allegations clearly reveals that the relationship of the victim with the accused had been based on consent and when this relationship got exposed false allegations were levelled.

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Learned counsel for the respondent no. 3 has submitted that the correctness of the allegations cannot be tested in the writ jurisdiction.

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Be that as it may, considering the facts and circumstances of the case though we refuse to quash the FIR but deem it appropriate to dispose off this petition by providing that investigation shall continue and brought to its logical conclusion, but, subject to petitioner's cooperation in the investigation, the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.

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O rder Date :- 23.5.2019 Vibha Singh

Dhananjay Mittal v. State of U.P. and 2 Others

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Dhananjay Mittal v. State of U.P. and 2 Others

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