Ashutosh Kanaujia vs State Of U.P. And 3 Others
2023 Latest Caselaw 17227 ALL

Citation : 2023 Latest Caselaw 17227 ALL
Judgement Date : 12 July, 2023

Allahabad High Court

Ashutosh Kanaujia vs State Of U.P. And 3 Others on 12 July, 2023

Bench: Vivek Kumar Birla, Rajendra Kumar-Iv





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Court No. - 45
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 9916 of 2023
 

 
Petitioner :- Ashutosh Kanaujia
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Mohan Kumar Singh,Shailesh Kumar Shukla
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Rajendra Kumar-IV,J.

1. Heard Sri Shailesh Kumar Shukla, learned counsel for petitioner and Sri G.P. Singh, learned AGA for State.

2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 01.06.2023 registered as Case Crime No. 201 of 2023, under Sections 376 IPC, Police Station Bilariyaganj, District Azamgarh, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

3. Learned counsel for the petitioner submits that the present criminal prosecution is absolutely false and there there was no false promise of marriage. Admittedly, there was a long term voluntary physical relationship between the parties and as such it cannot be said that an offence under Section 376 IPC is made out. The Informant is a matured lady. He has placed reliance of a judgment of Hon'ble Supreme Court passed in Criminal Appeal No. 1165 of 2019, Pramod Surabhan Pawar v. State of Maharashtra, in his favour.

4. Matter requires consideration.

5. Issue notice to the opposite party no.4, returnable at an early date. Steps may be taken within a week.

6. All the respondents are granted four weeks time to file counter affidavit. The petitioner shall have three weeks thereafter to file rejoinder affidavit.

7. List immediately thereafter.

8. Till the next date of listing or till submission of police report under Section 173 (2) CrPC, whichever is earlier, the petitioner herein shall not be arrested in pursuance of the impugned First Information Report dated 01.06.2023 registered as Case Crime No. 201 of 2023, under Sections 376 IPC, Police Station Bilariyaganj, District Azamgarh, provided the petitioner cooperates in the investigation.

Order Date :- 12.7.2023

Akram