The High Court rejected the full prayer to quash the FIR but imposed an interim direction regarding non-arrest during the pendency of investigation and until submission of the police report.
petitioners shall not be arrested in the case till submission of police report under Section 173(2) Cr.P.C.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15682 of 2019
Petitioner :- Pandit Subhash Dev And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Lal Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners; 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 04.05.2019 registered as Case Crime No. 0108 of 2019, under Sections 420, 323, 376, 377, 504 I.P.C. and 3(2)(va) of SC/ST Act, Police Station- Chaubepur, District- Kanpur Nagar.
The contention of the learned counsel for the petitioners is that in the first part of the first information report, which has been lodged through an application under Section 156(3) Cr.P.C., the victim has stated that she was married to one Dharmendra on 18.11.2013 and thereafter she developed strained relations with her husband resulting in various litigations. Subsequently, she entered into a relationship with Shyam Dev (co-accused), who happens to be brother of the petitioners. It is alleged by her that she has been sexually exploited and her relationship had not been formalized. It is contended that the petitioners are innocent; that co-accused Shyam Dev had relationship with the victim and in order to extract a favourable settlement, the victim has falsely implicated the petitioners also.
Be that as it may, as correctness of the allegations are not, ordinarily, to be tested in the writ petition, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case as also that no date and time of any incident of alleged sexual assault has been given, 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 petitioners' cooperation in the investigation, they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 31.5.2019 Sharad/-
Pandit Subhash Dev
State Of U.P.
Manoj Misra
Anil Kumar
As recorded by the court registry
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