Allahabad High Court
Rohit Pandit @ Lokesh Kumar Tiwari vs State Of U.P. Thru. Prin Secy. Home & ... on 6 July, 2021
Bench: Ramesh Sinha, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 12093 of 2021 Petitioner :- Rohit Pandit @ Lokesh Kumar Tiwari Respondent :- State Of U.P. Thru. Prin Secy. Home & Others Counsel for Petitioner :- Dharm Raj Mishra Counsel for Respondent :- G.A.,Pradeep Kumar Mishra Hon'ble Ramesh Sinha,J.
Hon'ble Narendra Kumar Johari,J.
The Court has convened through Video Conferencing.
None appears on behalf of petitioner to press this petition. However, Ms. Nand Prabha Shukla, learned A.G.A. is present.
This petition has been filed by the petitioner, namely, Rohit Pandit @ Lokesh Kumar Tiwari with a prayer for quashing the impugned First Information Report dated 31.05.2021 lodged by the opposite party No.4 against the petitioner in F.I.R. No.0091/2021, under Sections 342, 323, 354, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station Badosaray, District Barabanki.
It transpires from record that on 17.06.2021, learned counsel for petitioner was prayed for adjournment on the ground of some personal reason and the matter was posted after two weeks and the same is listed today in the cause list at Sl. No.5. Today also learned counsel for petitioner is not appeared to argue the matter. It appears that the learned counsel for petitioner is not interested to pursue the matter.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submits that offence under Section 376 I.P.C. has been added in the present case on the basis of statement of victim recorded under Section 164 Cr.P.C. wherein allegation of rape has been levelled against the accused applicant. She further submits that cognizable offence is made out against the petitioner in the impugned F.I.R., therefore, the present petition is liable to be dismissed.
After having gone through the allegations made in the F.I.R., submission advanced by learned A.G.A. that the offence under Section 376 I.P.C. has been added in the present case, perusing the impugned F.I.R., gravity of offence and also considering the statement of the victim recorded under Section 164 Cr.P.C., an allegation of rape has been levelled against the petitioner, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioners.
The petition lacks merit and is, accordingly, dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.7.2021 Shubhankar