DEVENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned A.G.A. for the State. The present writ petition has been filed by the petitioner seeking quashing of the FIR dated 26.9.2019 registered as Case Crime No. 310 of 2019, under Sections 376, 323 of I.P.C. and 67A of Information Technology Act, P.S. Campierganj, district Gorakhpur with a further prayer, not to arrest the petitioners in pursuance of the first information report.

(2.) The allegation in the F.I.R. dated 27.9.2019 lodged by father of the victim is that he is working as private Security Guard and was on duty on the date and time of incident. His two sons were also out for work. In the evening his daughter Sudha had gone to feed cattle in the cattle shed when the petitioner caught her from behind, dropped her on the ground and committed rape upon her. When for a long time, she did not return, his sons went to the cattle shed where the petitioner was found with her.

(3.) The submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in the case as he had made an application before the S.D.M., Campierganj, Gorakhpur for regarding malpractices in the distribution of ration to villagers, against the brother of the informant who is a fair price shop owner. Therefore, the F.I.R. is liable to be quashed.