- (1.) Heard Ms. Pooja Talwar, for the petitioners and Additional Government Advocate, for State of U.P.
(2.) This petition has been filed for setting aside the order of Chief Metropolitan Magistrate dated 07.04.2016, directing registration of First Information Report against the petitioners and consequent FIR at P.S. Kakadeo, Kanpur Nagar.
(3.) Smt. Jyoti Yadav (respondent-3) filed an application (registered as Misc. Case No. 255 of 2016), on 08.02.2016, under Section 156 (3) Cr.P.C., before Chief Metropolitan Magistrate, for direction to police of police station Kakadeo, Kanpur Nagar to register FIR and make investigation against Anil Kumar and Gaurav (the petitioners). It has been stated in application that the complainant was residing in house No. 157-A, Khyora Nawab Ganj, Kanpur Nagar and used to earn her livelihood by doing job of domestic servant. The petitioners were known to her and were resident of 7/260, Swarup Nagar, Kanpur Nagar. On 29.01.2016 at about 7.00 PM, when she came out from JK Temple, a car, whose registration number was UP 78 AD 6563, was parked out side the temple, in which the petitioners were sitting. Gaurav (petitioner-2) offered cold drink to the complainant, which was accepted by her. After taking cold drink, they asked her to sit in car and told that they would drop her to her house. After sitting in car, she started suffering vertigo. When car reached at lonely place near DPS School, Sarvoday Nagar, the petitioners did condemnable act with her, in side the car. Thereafter, they gave Rs. 500/- to her and pushed out her from the car. While going, they threaten her of dire consequences, if she convey any thing about the incident to any body or approaches the police for report of the incident. She reached to her house at 9.00 PM and told about the incident to her family members. She went to police station Kakadev on 30.01.2016 in morning and informed to a police constable at police station about the incident then he asked her that Station House Officer was not present as such she would come later on in evening. Although the complainant went to police station several times but her FIR was not registered. The complainant sent a written complaint to Senior Superintendent of Police, Kanpur Nagar and Inspector General of Police, Kanpur Zone, through registered post on 01.02.2016 but no action was taken. She also filed her affidavit along with the application under Section 156 (3) Cr.P.C.;