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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ASHWANI KUMAR MISHRA, AJAI TYAGI, JJ.
Jalilurrahman @ Jamaluddin – Petitioner
Versus
State of U.P. and Others – Respondents
Criminal Misc. Writ Petition No. 649 of 2022
Decided On : 04-02-2022
Quashing - First Information Report - Allegation of Rape and Outraging Modesty
Fact of the Case:
The petition was filed to quash the First Information Report alleging that the accused persons forcibly entered the house of the informant with the intent to commit rape and outraged the modesty of her daughter.
Finding of the Court:
The court found that the specific allegations in the F.I.R. regarding the commission of cognizable offenses could only be examined at the stage of investigation/trial and could not be quashed at this stage.
Issues: The issue was whether the F.I.R. alleging rape and outraging modesty could be quashed, considering the accused person's involvement in another case.
Ratio Decidendi: The court relied on the law laid down by the Apex Court in the case of State of Telangana vs. Habib Abdullah Jellani, (2017) 2 SCC 779, and held that once the F.I.R. prima-facie discloses commissioning of cognizable offense, it cannot be quashed.
Final Decision: The writ petition to quash the F.I.R. was dismissed by the court.
JUDGMENT :
1. This petition has been filed with a prayer to quash the First Information Report in Case Crime No. 0595 of 2021, under Sections 452, 376, 511, 506 I.P.C. Police Station Dhampur, District Bijnor, which alleges that the accused persons forcibly entered the house of the informant and with the intent to commit rape, outraged the modesty of her daughter and on her shouting, accused persons fled by extending threats.
2. The prayer for quashing of the aforesaid F.I.R. is made on the ground that the accused person is the witness in a case registered under Section 156(3) Cr.P.C. and that the lodgement of F.I.R. is only as a means of counter blast.
3. The petition is opposed by learned A.G.A.
4. From a perusal of the F.I.R. we find that specific allegation is made with regard to outraging the modesty and attempt to commit rape of the informant's daughter and whether such allegation is correct or as a result of counter blast are aspects which can be examined only at the stage of investigation/trial.
5. Once the F.I.R. prima-facie discloses commissioning of cognizable offence, we would not be justified in interfering with it or to quash it. we are of the view that the First Information Report cannot be quashed, in view of the law laid down by the Apex Court in the case of State of Telangana vs. Habib Abdullah Jellani, (2017) 2 SCC 779.
6. The writ petition is, accordingly, dismissed.
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