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2024 Supreme(All) 4

VIVEK KUMAR BIRLA, VINOD DIWAKAR
Adil – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Brijesh Kumar Pandey
For the Respondent: Vinod Singh

JUDGMENT :

Vivek Kumar Birla, J.

1. Heard Sri Brijesh Kumar Pandey, learned counsel for the petitioner as well as Sri Virendra Kumar Pal, learned AGA appearing for the State respondents and Sri Vinod Singh, learned counsel for the informant and perused the record.

2. Present petition has been filed for quashing the impugned order dated 6.10.2023 whereby the respondent no. 2 has passed the order for further/transfer of the investigation in Case Crime No. 252 of 2023, P.S. Bilaspur, District Rampur. A further prayer is to direct the respondent no. 2 and his subordinates not to arrest/harass the petitioners in pursuance of the order dated 6.10.2023.

3. Brief facts of the case are that the respondent no. 4-Km. Nisha Naaz filed an application under Section 156 (3) CrPC before the concerned Magistrate for registering the FIR with the allegation that she had love affairs with co-accused-furkan Ali and she had physical relationship with him and on being insisted for marriage, he prepared forged nikahnama and married with her. It is being alleged that Gulshan Kajafi and Furkan Ali committed r.ape upon her. Thereafter, a first information report dated 29.7.2023 has been lodged under Section 420,

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