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Judgment
29 paragraphs · 253 wordsHeard.
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.
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.
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.
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.
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.
Stay application also stands disposed of.