ANIT @ KAKROCH AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
Anit @ Kakroch And Others
State of Uttarakhand and others
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(1.) By means of the present writ petition, moved under Article 226 of the Constitution of India, the petitioners have sought for quashing of the First Information Report dated 17.11.2013 lodged by respondent no. 3, registered as Case Crime No. 20 of 2013, relating to offences punishable under Sections 376, 511, 354, 323, 504 and 506 IPC at Police Station Chamba, District Tehri Garhwal (annexure no. 1 to the writ petition).
(2.) A first information report was lodged by the informant (respondent no. 3 herein) against the accused persons (petitioners herein) on 17.11.2013 at PS Chamba, district Pauri Garhwal, which was registered as case crime no. 20 of 2013 under Sections 376, 511, 354, 323, 504 and 506 IPC.
(3.) The incident allegedly took place on 01.09.2013. The first information report was lodged after 75 days on 17.11.2013. According to the first information report, on 01.09.2013 at 4:00 p.m. when the informant was going to her fields to cut grass, accused persons, namely, Anit @ Kakroch, Anil @ Ghaplu and Amit @ Kalu came to the field of the informant. Applicants pounced upon her with intent to outrage her modesty. Accused persons hurled abuses at the informant and also threatened her with dire consequences. Informant raised alarm. Accused persons fled away from there. Had the informant also not run away from the place, the accused persons would have outraged her modesty. It was also stated in the first information report that the report was given to Superintendant of Tehri Garhwal on 02.09.2013, but the Police did not take any action. Learned counsel representing the State, stated that the investigation is underway in the first information report, which was lodged by the respondent no. 3.;
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