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2018 DIGILAW 208 (UTT)

AIYYAZ v. STATE OF UTTARAKHAND

2018-04-18

V.K.BIST

body2018
JUDGMENT Hon'ble V.K. Bist, J. This petition has been filed by the petitioner seeking the following reliefs: “i) Issue a writ order or direction in the nature of certiorari quashing the impugned F.I.R. dated 13.03.2018registered as Case Crime No. 154 of 2018 under Section 376 of I.P.C., Police Station Kotwali Manglaur, District Haridwar. ii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in Case Crime No. 154 of 2018 under Section 376 of I.P.C., Police Station Kotwali Manglaur, District Haridwar". 2. The impugned F.I.R. has been lodged by the respondent no.3 (complainant) with the averments that she is a married lady having a minor child. It is stated that, on 25.02.2018, the petitioner enticed the respondent no. 3 and took her along with her child to Allahabad and, by extending threat of killing her child, several times committed rape with her. 3. Learned counsel for the petitioner submitted that allegations made against the petitioner in the impugned F.I.R. are totally false. 4. This Court, vide order dated 22.03.2018, directed that, till the next date of listing, no coercive steps should be taken against the petitioner with regard to the aforesaid F.I.R., provided he cooperates with the investigation agency. 5. Today, Mr. Bilal Ahmed, learned counsel for the respondent no. 3 opposed the writ petition. He submitted that the petitioner took advantage of the fact that the respondent no. 3 is having minor child and is living at her parental house and there has been dispute of respondent no.3 with her husband, petitioner started harassing the respondent no. 3 and by extending threats of killing her child, forcefully made physical relations with her and under these threats and pressure of the petitioner, he performed Nikah with the respondent no. 3. He submitted that since the petitioner by extending threats of killing the minor child of respondent no. 3 exploited her physically and sexually, he is liable to be prosecuted and punished accordingly. 6. I have considered the submission of learned counsel for the parties and gone through the contents of F.I.R. Since specific allegation has been levelled against the petitioner in the counter affidavit, the writ petition deserves to be dismissed. 7. Consequently, the writ petition is dismissed. Interim order dated 22.03.2018 stands vacated. 8. 6. I have considered the submission of learned counsel for the parties and gone through the contents of F.I.R. Since specific allegation has been levelled against the petitioner in the counter affidavit, the writ petition deserves to be dismissed. 7. Consequently, the writ petition is dismissed. Interim order dated 22.03.2018 stands vacated. 8. Learned counsel for the petitioner then submitted that in case offence is made out against the petitioner, in that event, the petitioner will surrender before the Court concerned and will move the bail application and the concerned Court may be directed to decide his bail application same day. Considering the submission of learned counsel for the petitioner, it is directed that in case petitioner surrenders and moves bail application, the same shall be decided by the concerned Court expeditiously, preferably on the same day, in accordance with law.