Allahabad High Court
Abdul Badud And 3 Others vs State Of U.P. And 2 Others on 13 November, 2018
Bench: Ram Surat (Maurya), Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 31645 of 2018
Petitioner :- Abdul Badud And 3 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Nigamendra Shukla
Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Hon'ble Bachchoo Lal,J.
Heard Sri Nigamendra Shukla, learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
The writ petition has been filed for quashing the FIR dated 11.5.2018 registered as Case Crime No. 484 of 2018, under section 498A, 323, 376D, 506 IPC and section 3/4 D.P. Act, P.S. Khurja Nagar, District Bulandshahr.
In the FIR 7 persons were named. Out of which the writ petition has been filed by 4 persons who are Jeth, Jethani, Nanad and Nandoi. In the FIR allegation of rape has been made against Abdul Badud and Iqbal petitioner nos. 1 and 4.
Learned counsel for the petitioners submits that prior to lodging the FIR, the informant moved an application under section 156(3) Cr.P.C. on 31.10.2017 in which she has alleged that on 27.10.2017 at 9.00 P.M. Abdul Badud son of Abdul Hameed and Iqbal son of Nazar Khan came to the father's house of the informant where she was alone and they have committed rape. The Magistrate has converted this application into a complaint case and fixed a date for recording evidence of the victim under section 200 Cr.P.C. then she absented and the application ultimately was dismissed by order dated 6.7.2018. Thereafter, one another application under section 156(3) Cr.P.C. has been filed on 13.4.2018 against 7 persons in which in substance the allegation made in the FIR has been made. That application was also dismissed on 30.8.2018. The present FIR has been lodged on 11.5.2018 in which no exact date and time of the incident has been given. Only it is alleged that approximately 6 months prior to the lodging of the FIR the incident has taken place. This court by order dated 6.7.2018 passed in Criminal Misc. Writ Petition No. 17680 of 2018 has directed for fair investigation in the matter. The petitioners are claiming alibi and on the date of incident they claimed that petitioner no. 1 was in Assam and they are tractor owner and driver. The papers relating to his being presented in Assam has been submitted to the investigating Officer and petitioners are cooperating with the investigation. However, the police is trying to arrest the petitioners.
Learned counsel for the petitioners submits that this was a dispute between husband and wife. Only in order to make pressure all the family members have falsely been implicated. The allegation of rape is false. It is highly improbable that Sala and Bahnoi will commit rape with a lady simultaneously.
In the facts and circumstances of the case, the writ petition is disposed of with a direction that petitioners shall not be arrested in Case Crime No. 484 of 2018, under section 498A, 323, 376D, 506 IPC and section 3/4 D.P. Act, P.S. Khurja Nagar, District Bulandshahr till the submission of police report under section 173 (2) Cr.P.C. provided the petitioners cooperate with the investigation.
Order Date :- 13.11.2018
Masarrat
