High CourtsSingle Bench(2017) 03 UK CK 0044

Ashok Kumar and others vs State of Uttarakhand and another

Uttarakhand High Court · Decided on 21 March 2017

HON’BLE JUDGES
V.K. Bist
RESULT
Disposed
CASE NUMBER
350 of 2017

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 253 words
1.

Heard.

2.

By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 24.02.2017 registered as Crime No. 2 of 2017, relating to offences punishable under section 306, 323, 354, 376 I.P.C ., and one punishable under section 3/4 of Protection of Children from Sexual Offence Act, 2012 registered at Patwari Circle Nai, Tehsil Dhari, District Nainital.

3.

Learned counsel for the petitioners submits that the incident took place on 07.02.2017 and the FIR was lodged on 24.02.2017, which is belated one. It is further submitted that the petitioners have falsely been named in the FIR.

4.

After perusing the FIR, the offences are clearly made out against the petitioners, which are grave in nature.

In the FIR, there is an allegation that the girl (deceased) has not only been beaten but she has also been raped, and after capturing the video of the incident, she was blackmailed and due to which she has consumed the poison.

5.

Having considered the submissions of learned counsel for the petitioners, and after going through the contents of the FIR, this Court finds that it is not a fit case to interfere under Article 226 of Constitution of India. It is for the Investigating Officer to file either charge sheet or final report in the matter.

6.

The writ petition is dismissed. It is further observed that if the petitioners surrender before the court concerned, their bail application shall be considered expeditiously.

7.

Stay application also stands disposed of.