The High Court dismissed a petition seeking quashing of an FIR alleging abduction and confinement due to delay. No specific sexual assault against the petitioner was found fatal to the case. Petitioner permitted bail application.
Dismissal of the petition for quashing of the FIR without prejudice to the right to apply for bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 6936 of 2020
Petitioner :- Pappu Saini Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Singh Dahiya,Anshul Pathak Counsel for Respondent :- G.A.,Santosh Kumar Giri
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner, learned AGA for respondent No.1 to 3 and Sri Santosh Kumar Giri for respondent No.4.
The instant petition seeks quashing of the FIR dated 21.10.2019 registered as Case Crime No.0886 of 2019, under Sections 366, 342, 323, 504, 506, 307 and 376 D IPC at Police StationSikandarabad, District- Bulandshahr.
The allegations in the impugned First Information Report are in respect of abduction, confinement and sexual exploitation of the victim by the accused.
The contention of the learned counsel for the petitioner is that the impugned First Information Report is highly delayed and there is no specific allegation of sexual assault against the petitioner.
We have perused the impugned first information report. The allegation in the first information is also to the effect that the accused persons are person with criminal antecedents and they had threatened and confined the informant. Under the circumstances, the delay in lodging the first information report would not be fatal, particularly, at this stage.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail .
Order Date :- 28.8.2020 Ashutosh Pandey
2 issues framed by the court
Whether the delayed FIR and lack of specific sexual assault allegation warrant quashing of the charges against the petitioner.
Whether the petitioner is entitled to the relief sought in the criminal miscellaneous writ petition.
1 provisions across 1 enactments
Pappu Saini
State Of U.P.
3 Others
Manoj Misra
Anil Kumar-IX
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
