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Judgment
9 paragraphs · 360 wordsPankaj Purohit, J
The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, whereby petitioner has put to challenge F.I.R/Case Crime No.0119 of 2025, under Sections 376 and 506 of IPC registered with Police Station Kotwali Jwalapur, District Haridwar along with ancillary relief for stay of arrest till the pendency of this petition.
Facts of the case in brief are that a complaint was lodged by mother of the victim stating that taking advantage of the poor financial condition of the complainant’s family and luring her daughter/victim to give her a job Mr. Gurmeet Singh/applicant raped her daughter on many occasions and even threatened her that he will defame her by releasing objectionable videos of her on social media.
Learned counsel for the petitioner submitted that the F.I.R. is lodged after a questionable delay of two years with no specific allegations of date, time and place where the alleged incident happened. He further submits that the impugned F.I.R. was lodged to pressurize the petitioner to meet unlawful demands of money. He also states that the petitioner was trapped by the complainant’s family and was regularly extorted of money by them and the petitioner has already filed an application under Section 173 of B.N.S.S. 2023 regarding the said offence in the court of learned Additional Chief Judicial Magistrate, Agra registered as Misc. Case No.2996 of 2025.
Per contra, learned State counsel submits that the offence alleged against the petitioner is very serious in nature and it is apparent from F.I.R. that the petitioner is involved in wrong doing against the complainant’s daughter.
I have perused the entire material available on record.
Since the offences alleged against the petitioner are very serious in nature, therefore, this is not a fit case where the Court is inclined to interfere in the matter to invoke its discretionary jurisdiction under Article 226 of the Constitution of India. Prima facie a case is made out against the petitioner; therefore, no interference is warranted by this Court.
Accordingly, the writ petition stands dismissed.
Pending application, if any, also stands disposed of.
