Court No. - 44

Case :- CRIMINAL MISC. WRIT PETITION No. - 1322 of

2022

Petitioner :- Shivam

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Kamalendra Kumar Maurya

Counsel for Respondent :- G.A.

Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Dinesh Pathak,J.

This writ petition has been filed with the prayer to quash the

First Information Report registered as Case Crime No. 71 of

2021, under Sections 354, 323, 504 and 506 IPC, Police Station

Nasirpur, District Firozabad.

A perusal of the F.I.R. would go to show that the accused

persons attempted to outrage the modesty of the victim and she

has been extended threat also. The allegations, thus made,

prima facie constitute commissioning of cognizable offence and

the investigation is stated to be pending.

Learned A.G.A. opposes the prayer made in the writ petition

and points out that on the basis of statement of the victim under

Section 164 Cr.P.C., offences under Section 376-D I.P.C. and

Section 3/4 PASCO Act has also been added on 2.12.2021.

Since the First Information Report prima facie discloses

commissioning of cognizable offence, therefore, it cannot be

quashed 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 and Neeharika Infrastructure Pvt. Ltd. vs.

State of Maharashtra and Others, (2021) SCC Online SC 315.

Prayer for quashing the F.I.R. is declined and the writ petition,

accordingly, is dismissed.

Order Date :- 18.2.2022

n.u.

Digitally signed by NASEEM UDDIN

Date: 2022.02.22 11:46:01 IST

Reason:

Location: High Court of Judicature

at Allahabad