Disposed
Deepak Singh v. State of U.P. and 2 Others
Allahabad HCCRLP/5773/2020
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from the order text
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Case :- CRIMINAL MISC. WRIT PETITION No. -…
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Case :- CRIMINAL MISC. WRIT PETITION No. -…
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Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 5773 of 2020 Petitioner :- Deepak Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vipin Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Ram Krishna Gautam,J.
This petition under Article 226 of Constitution of India has been filed by Deepak Singh, with a prayer for issuing writ of certiorari, thereby, quashing the impugned First Information Report dated 16.10.2019, registered as Case Crime No. 274 of 2019, under Sections 376, 366, 342, 506, 120-B IPC & 3/4 of POCSO Act, P.S. Kotwali Chunar, District Mirzapur. .
Learned counsel for the petitioner argued that petitioner is innocent. He has not been assigned any role of abduction or commission of rape with prosecutrix. Whatever accusation has been made is against Akash and for his mother that she assisted in keeping under restrained both Akash and prosecutrix. In FIR a criminal conspiracy by mother of Akash and present petitioner has been assigned, whereas, in statement recorded under Section 164 of Cr.P.C., it has specifically been said that there is a dispute regarding land in between, petitioner and family of prosecutrix. This implication is owing to above enmity. Hence, this petitioner with above prayer.
Learned AGA has vehemently opposed with this contention that since the beginning there is accusation of conspiracy and the offence is written to be the result of above criminal conspiracy.
Having heard learned counsels for both sides and gone through FIR as well as statement recorded under Section 161 and 164 of Cr.P.C., as of prosecutrix, it is apparent that for present petitioner, no accusation of kidnapping or rape has been said by prosecutrix. Under above facts and circumstances, there is ground for relief of no arrest in this case crime number till submission of police report, if any, under Section 173(2) of Cr.P.C. For rest prayed relief, there seems no ground.
Accordingly, this petition is finally disposed of, with above observation.
Order Date :- 18.6.2020 Kamarjahan
1 issue framed by the court
Whether the petitioner is guilty of kidnapping or rape as alleged in the FIR.
Deepak Singh
State Of U.P.
Bachchoo Lal
Ram Krishna Gautam
As recorded by the court registry
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