Narendra Kumar Yadav Alias Kapil Yadav v. State of U.P. Thru. Secy. Deptt. Home Civil Sectt. Govt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7987 of 2023 Petitioner :- Narendra Kumar Yadav Alias Kapil Yadav Respondent :- State Of U.P. Thru. Secy. Deptt. Home Civil Sectt. Govt. Lko And Others Counsel for Petitioner :- Dhananjai Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. who appears on behalf of the State Respondents.

¶2This petition has been filed with the following main prayers:- "(I) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 03.08.2023 lodged by opposite party no.4 which was registered as FIR/Crime No. 0325 of 2023 at Police Station Risia, District Bahraich, under sections 376, 506 IPC, as contained in Annexure No. 1 to the writ petition, so far as it relates to petitioner.

(II) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to arrest the petitioner on the basis of false first information report dated 03.08.2023 lodged by opposite party no.4 which was registered as FIR/Crime No. 0325 of 2023 at Police Station Risia, District Bahraich, under sections 376, 506 IPC, as contained in Annexure No. 1 to the writ petition"

¶3It has been submitted by the learned counsel for the petitioner that the impugned F.I.R. says that the victim had relationship with the petitioner for the past 15 years. The allegation of rape cannot stand in the scrutiny of law, the relationship was a consensual relationship.

¶4Learned A.G.A. for the State has produced a copy of instruction sent by the Sub-Inspector of Police, Police Station-Risia, District-Ayodhya wherein the contents of the statements recorded of the victim under Section 164 Cr.P.C. is not in support of the petitioner.

¶5The written instructions are kept on record.

¶6This Court has gone through the F.I.R. and also the statement under Section 164 of the Cr.P.C which is supporting the prosecution story.

¶7This Court finds no good ground to show interference in the impugned F.I.R.

¶8The writ petition stands dismissed. Order Date :- 13.10.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench