Court dismissed a writ petition seeking to quash a First Information Report. The court held that since prima facie allegations of rape and other offences were disclosed, interference was not justified citing Supreme Court precedents.
Writ petition dismissed; First Information Report not quashed.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 2035 of 2022
Petitioner :- Radha @ Radhika And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Mani Pandey Counsel for Respondent :- G.A.,Phool Chandra
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
Heard learned counsel for the petitioners, learned AGA for the State authorities and Sri Sunil Kumar Chaudhari, learned counsel for the respondent no. 4.
This writ petition has been filed with the prayer to quash the First Information Report in Case Crime No. 635 of 2021, under Sections 323, 504, 506, 384, 376-D I.P.C. and Sections 3(1)(Da) and 3(1)(Dha) SC/ST Act, Police Station - Gajraula, District - Amroha.
Petition is opposed by learned AGA as well as learned counsel for informant/complainant.
Specific allegation with regard to commissioning of offence of rape under Section 376-D I.P.C. is attributed to the number of persons alngwith other offences in the first information report.
Since, prima facie, allegation with regard to commissioning of offence is disclosed, we would not be justified in interfering with the first information report on the ground that the FIR is false or that it has been lodged as a counter blast; as also in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779, and in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others, (2021) SCC Online SC 315.
The writ petition fails and is dismissed.
Order Date :- 11.3.2022 Ranjeet Sahu
Digitally signed by RANJEET SAHU Date: 2022.03.14 15:28:40 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Hon'ble Court can quash the First Information Report when prima facie offences under Sections 323, 504, 506, 384, 376-D IPC and Sections 3(1)(Da) and 3(1)(Dha) SC/ST Act are alleged.
Whether the allegations in the FIR constitute a counter blast or are legally maintainable at this stage.
Colour shows how this judgement treated each authority
State of Telangana Vs. Habib Abdullah JellaniReferred¶9
State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779 · Who else cites this
Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and OthersReferred¶9
Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others, (2021) SCC Online SC 315 · Who else cites this
7 provisions across 2 enactments
Radha @ Radhika And Another
State Of U.P. And 3 Others
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
