Ajeet Singh Yadav S/O Sh. Kanwar ... vs State Of Rajasthan
2022 Latest Caselaw 6172 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No.7974/2022

Ajeet Singh Yadav S/o Sh. Kanwar Singh, Aged About 46 Years,
R/o Village Kalyanpura, Post Kankar Dopa, Tehsil Behror District
Alwar (Raj).
                                                                    ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through P.p.
2.       Ranpal Sharma S/o Sh. Omprakash, R/o Dehmi, Tehsil
         Behror, District Alwar (Raj).
                                                                 ----Respondents

For Petitioner(s) : Mr. Vijay Singh Yadav, Adv. For Respondent(s) : Mr. Prashant Sharma, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

14/09/2022

The petitioner has sought for quashing of FIR No.624/2022

registered with Police Station Behror, (Police District Bhiwadi)

District Alwar for the offences under Sections 363, 366-A, 376-D

of IPC and Section 5g/6 POCSO Act.

The FIR discloses gang rape committed after kidnapping the

minor daughter of respondent No.2.

Learned counsel for the petitioner submits that during the

investigation, it has come that the place of incident is in the guest

house of which the petitioner is proprietor. On the date of incident,

the petitioner was attending his wife at Jaipur Hospital where she

was undergoing brain surgery. The petitioner is not named in the

FIR.

(2 of 2) [CRLMP-7974/2022]

After hearing the parties and considering the judgment of

the Hon'ble Supreme Court in State of Orissa Vs. Debendra

Nath Padhi reported in 2005 (1) SCC 568, this Court is of the

view that plea of alibi can be considered at appropriate stage of

the trial.

After some argument, learned counsel for the petitioner

seeks permission to withdraw this petition.

Accordingly, the instant petition stands dismissed as

withdrawn.

(BIRENDRA KUMAR),J

Ashwani /-50

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