Allahabad High Court
Naveen @ Naveen Vimal vs State Of U.P. And 2 Others on 16 July, 2022
Bench: Ashwani Kumar Mishra, Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 2558 of 2022 Petitioner :- Naveen @ Naveen Vimal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed with the prayer to quash the First Information Report, registered as Case Crime No. 500 of 2021, under Sections 376, 354, 452, 506, 507, 509, 120-B IPC, Police Station Malpura, District Agra.
Since prima facie allegation with regard to commissioning of offence under Section 376 Cr.P.C. is disclosed in the First Information Report and such allegation has been supported by victim in her statement under Section 164 Cr.P.C., the prayer made to quash the First Information Report is, therefore, declined 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, as also in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others, (2021) SCC Online SC 315.
Writ petition, accordingly, is dismissed.
Dismissal of this writ petition, however, will not preclude the petitioner from seeking appropriate protection under the Code of Criminal Procedure, which shall be dealt with on its own merit and in accordance with law.
Order Date :- 16.7.2022 Akram