JALILURRAHMAN Vs. STATE OF U. P.

JUDGEMENT

(1.) This petition has been filed with a prayer to quash the First Information Report in Case Crime No.0595 of 2021, under Ss. 452, 376, 511, 506 I.P.C., Police Station Dhampur,, District Bijnor, which alleges that the accused persons forcibly entered the house of the informant and with the intent to commit rape, outraged the modesty of her daughter and on her shouting, accused persons fled by extending threats. The prayer for quashing of the aforesaid F.I.R. is made on the ground that the accused person is the witness in a case registered under Sec. 156(3) Cr.P.C. and that the lodgement of F.I.R. is only as a means of counter blast. The petition is opposed by learned A.G.A.

(2.) From a perusal of the F.I.R., we find that specific allegation is made with regard to outraging the modesty and attempt to commit rape of the informant's daughter and whether such allegation is correct or as a result of counter blast are aspects which can be examined only at the stage of investigation/trial. Once the F.I.R. prima facie discloses commissioning of cognizable offence, we would not be justified in interfering with it or to quash it. we are of the view that the First Information Report cannot be quashed, in view of the law laid down by the Apex Court in the case of State of Telangana Vs. Habib Abdullah Jellani, (2017) 2 SCC 779.

(3.) The writ petition is, accordingly, dismissed.