The High Court rejected the criminal miscellaneous writ petition seeking to quash an FIR under Sections 376, 120B, and 506 IPC. The Court held that prima facie offence was made out and the serious allegations did not warrant interference.
Writ petition rejected.
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Neutral Citation No. - 2023:AHC:136253-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 10507 of 2023
Petitioner :- Junaid Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Aslam Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the petitioner and learned AGA for the State.
By means of the present writ petition, the petitioner is assailing the legality and validity of the FIR dated 04.06.2023 registered case crime no. 103 of 2023 under Sections 376, 120B and 506 IPC, P.S. Kotwali Nagar, District Saharanpur.
After reading the contention of the FIR, a prima facie offence is made out against the petitioner.
Keeping in view the allegation made in the FIR is not only striking but also too serious in nature which do not warrant any interference by this Court under Article 226 of the Constitution of India. This is an exclusive case where the petitioner has back-stabbed the lady and compelled her to establish physical relation with him.
Under these circumstances, where there is specific allegation against the petitioner, we refrain ourselves to exercise extraordinary power to quash the FIR.
Accordingly, the present writ petition is hereby rejected.
Order Date :- 10.7.2023 Abhishek Sri.
Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether this Court can quash the FIR under Article 226 of the Constitution of India on present facts.
2 provisions across 2 enactments
Junaid
State Of U.P.
2 Others
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
