GIRISH PATHAK @ GIRISH PARASHARI Vs. STATE OF U P AND 2 OTHERS
LAWS(ALL)-2018-5-604
HIGH COURT OF ALLAHABAD
Decided on May 31,2018

Girish Pathak @ Girish Parashari Appellant
VERSUS
State Of U P And 2 Others Respondents

JUDGEMENT

- (1.) Heard Sri V.B.Yadav, learned counsel for the petitioner, Ms. Manju Thakur, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
(2.) This petition has been filed by the petitioner with a prayer to quash the FIR dated 30.4.2018, registered as case crime No.58 of 2018, under Sections 354, 506, 342 I.P.C. and under Section 8 of POCSO Act, Police Station Sirauli, District Bareilly.
(3.) Learned counsel for the petitioners submits that the petitioner is innocent and has been falsely implicated in the present case due to enmity of the last election of the Gram Pradhan of the village. The impugned FIR has been lodged after a delay of two days, for which no plausible explanation has been given. He further submitted that the victim as per the medical examination is a major girl aged about 19 years and though she has levelled allegation against the petitioner for committing rape, but the medical examination of the victim does not corroborate the same. The allegation levelled against the petitioner is absolutely false and frivolous. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.;


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