Mukesh And 2 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 5370 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7849 of 2022
 
Petitioner :- Mukesh And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ashok Kumar Singh,Pratibha Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the petitioners and the learned A.G.A. for the State.

By way of this petition, the petitioners pray for quashment of the First Information Report dated 14.5.2022 registered as Case Crime No. 0287 of 2022, under Sections 376, 504, 506 IPC & 3(2)(v) SC/ST Act, Police Station Kasganj, District Kasganj and / or a direction upon the policy authority concerned not to arrest and harass the petitioners pursuant to the aforesaid FIR.

It is urged in the memo of petition by the learned counsel for the petitioner that the complainant is trying to blackmail the petitioners. It has also been urged that it is a belated FIR lodged by complainant. It has also been urged that no criminal offence is made out against the petitioner no.2 and 3. It has also been urged that the incident occurred at Agra. It is further submitted that no case is made out against the petitioners under Sections 376, 504, 506 IPC & 3(II)(v) SC/ST Act. It is further submitted that the FIR was lodged for obtaining the money.

We have perused the medical evidence also. Prima facie, it cannot be said that a prima facie case is not made out against the petitioners. From the FIR, we find that it is a clear case of taking due advantage of a person belonging to scheduled caste. The averments made in the FIR by the complainant runs contrary to the submissions made by the learned counsel for the petitioners, namely; that the petitioners are being blackmailed, on the contrary it is the petitioner no. 1 who is alleged to have ran-away with the girl and had sexual relations with her.

We are supported by the judgment of Hon'ble Apex Court in Salimbhai Hamidbhai Menon Vs. Niteshkumar Maganbhai Patel, AIR 2021 SC 4109, State of Telangana Vs. Habib Abdullah Ilahi, 2017 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra, AIR 2021 SC 1918 will not permit this Court to entertain this petition.

In that view of the matter, we are unable to persuade ourselves to exercise our extraordinary jurisdiction under Article 226 of the Constitution of India in quashing the First Information Report.

In that view of the matter, this petition is dismissed.

Order Date :- 24.6.2022/Mukesh