Allahabad High Court
Mukul Kumar vs State Of U.P. And 3 Others on 27 February, 2020
Bench: Manoj Misra, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3503 of 2020 Petitioner :- Mukul Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Tripathi,Ashok Kumar Upadhyay Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Deepak Verma,J.
Vakalatnama filed by Sri Vipin Chandra Pandey, on behalf of first informant, is taken on record.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 & 3; Sri Vipin Chandra Pandey, learned counsel for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 06.02.2020 registered as Case Crime No.31 of 2020, under sections 376, 377, 313, 120-B, 506 I.P.C. and Section 3(10(Da) & Section 3(1)(Dha) Scheduled Castes and Scheduled Tribes, Prevention of Atrocities Act, 1989 (Amended 2015), Police Station Etmadpur, District Agra, by placing reliance on statement of the victim recorded under section 164 Cr.P.C.
On the basis of said statement, learned counsel for the petitioner has submitted that it appears to be a case where the parties had entered into a relationship and had also resided together as husband and wife. Later, the victim turned pregnant and, thereafter, she suffered a miscarriage.
It has been submitted that on the basis of the statement of the victim recorded under section 164 Cr.P.C., it appears that no case punishable under sections 376, 377 & 313 I.P.C. is made out. It has been submitted that so far as the other offences are concerned, there is no serious allegation in that regard in the statement made under section 164 Cr.P.C.
Learned counsel for the informant has submitted that from the statement it appears that some video recording was prepared and, thereafter, she was sexually exploited and a false marriage was shown through some agreement. It has been submitted that under the circumstances, it cannot be said that the offence of sexual assault/rape is not made out.
All the above aspects would require thorough investigation and may have to be tested on the basis of evidence led during trial, hence, the prayer to quash the first information report cannot be accepted, at this stage.
However, looking to the facts of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioner shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided he co-operates in the investigation.
Order Date :- 27.2.2020 SKD