Disposed

Virendra Nishad @ Virendra Sahani v. State of U.P. and 3 Others

Allahabad HC24 May 2019CRLP/14269/2019

Case brief

AI extract

What is this about?

The petitioner sought quashing of an FIR alleging criminal breach of trust and rape arising from a relationship following an engagement. The court held that facts require investigation and quashed the plea. However, investigation was ordered to continue with the petitioner staying free from arrest pending the police report under Section 173(2) Cr.P.C.

What did the court decide?

Investigation to continue; petitioner to not be arrested until submission of police report under Section 173(2) Cr.P.C., subject to cooperation.

Virendra Nishad @ Virendra Sahani Vs State of U.P. and 3… — Quashing and FIR | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 14269 of 2019

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Petitioner :- Virendra Nishad @ Virendra Sahani Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Mishra Counsel for Respondent :- G.A.

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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 respondents 1, 2 and 3; and perused the record.

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The instant petition seeks quashing of the first information report dated 23.01.2019 registered as Case Crime No.50 of 2019, under Sections 376, 313 IPC, P.S. Khorabar, District Gorakhpur.

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The allegation in the impugned first information report is that the informant was engaged to get married to the petitioner on 04.03.2016 and thereafter the petitioner started visiting her house and developed physical relations with her. It is stated that she got pregnant and it was got terminated. Later, the petitioner resiled from marriage.

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The contention of the learned counsel for the petitioner is that the facts and circumstances of the case suggest that the physical relationship allegedly established between the petitioner and the victim was not under false promise of marriage as relationship allegedly continued for considerable length of time but due to differences it could not fructify into a marriage.

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Be that as it may, all the aforesaid aspects are to be determined on the basis of the material collected during the course of investigation and, therefore, the prayer of the petitioner to quash the first information report cannot be accepted.

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

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Order Date :- 24.5.2019 AKShukla/-

Virendra Nishad @ Virendra Sahani v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Virendra Nishad @ Virendra Sahani 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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Parties & counsel

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