ALLAHABAD HIGH COURT
SUNEET KUMAR,VIKRAM D CHAUHAN
LOKENDRA AND 5 OTHERS – Appellant
Versus
State – Respondent
Court No. - 65
Case :- CRIMINAL MISC. WRIT PETITION No. - 69 of 2022
Petitioner :- Lokendra And 5 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Antriksh Verma
Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the petitioners and learned A.G.A for the State
respondents.
The relief sought in this petition is for quashing of the F.I.R. dated
22.12.2021, registered as Case Crime No. 0260 of 2021, under sections
376, 406, 506 I.P.C. and Section 67 Information Technology (Amendment)
Act, 2008, Police Station Chandi Nagar, District Baghpat.
Learned A.G.A., at the outset, on instructions, submits that the victim in
her statement recorded under Section 164 Cr.P.C. has reiterated the
prosecution version.
Perusal of the impugned first information report prima facie reveals
commission of cognizable offence. Therefore, in view of the law laid
down by Hon'ble Supreme Court in the case of State of Haryana and
others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s
Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR
2021 SC 1918 and in Special Leave to Appeal (
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