Kandhai Yadav @ Kandhai vs The State Of U.P Thru Principal ...
2014 Latest Caselaw 7143 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 9907 of 2014
 

 
Petitioner :- Kandhai Yadav @ Kandhai
 
Respondent :- The State Of U.P Thru Principal Secy., Home Lucknow And Ors.
 
Counsel for Petitioner :- Bhupal Singh Rathaur
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Ashwani Kumar Singh,J.

Heard learned counsel for the petitioner and learned A.G.A.

This petition has been filed by the petitioner Kandhai Yadav @ Kandhai with a prayer to quash the FIR of case crime No. 510 of 2013  under sections 363, 366 IPC, P.S. Khairighat, District Bahraich.

From the perusal of the FIR it appears that on the basis of allegation made therein the prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.

However, considering the submission made by learned counsel for the petitioner that in the present case statement of the victim has been recorded under section 164 cR.P.C. in which she disclosed her age about  21 years and has not supported the prosecution story,  it is directed that in case petitioner appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Sigh Versus State of U.P reported in 2009(4) S.C.C. 437.

With this direction, this petition is finally disposed of.

Order Date :- 26.9.2014

RPD