IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 440/2010 Darshan Prasad …….Petitioner Versus The State of Uttarakhand & Ors. …….Respondents Mr. UPS Negi, Advocate for the petitioner. Mr. Prabhakar Joshi, Brief Holder for the State/respondents no. 1 & 2. June 28, 2010 Hon’ble Dharam Veer, J. This writ petition has been filed seeking a writ in the nature of certiorari for quashing the FIR of Case Crime No. 1366/2010 under Section 364, 376/511 IPC, PS Kotwali Tanakpur, District Champawat. Heard learned Counsel for the parties and perused the record. In brief, the prosecution case is that respondent no. 3 Irfan lodged an FIR with PS Tanakpur with the averments that his daughter Farha, seven years old girl, was kidnapped from his house in the intervening night of 24/25.4.2010 when she was sleeping. The complainant tried to search her but she could not be traced. The oral information of this incident was given to the police in the same night. In the morning at about 8 am, Farha was found lying in the bushes in very serious condition and it appeared from her condition that somebody had tried to outrage her modesty and tried to commit rape with her. With these averments, FIR was lodged on 25.4.2010. The State has filed counter affidavit sworn in by SI Neeraj Kumar, the I.O. of the case wherein the averments made in the FIR have been supported and it has been further stated that the victim Farha in her statement recorded by the Magistrate under Section 164 CrPC has stated her age to be only seven years. She has further stated that she was kidnapped when she was sleeping in the courtyard of her house along with her mother on a cot. Thereafter she was taken in the bush near the railway line. She was crying but her mouth was forcibly shut and her eyes were also closed by tightening with a clothe. The clothe was opened in the bush where she was beaten with fist in her eyes. It was completely dark in the bush. The accused was abusing her and was also threatening her by saying that he would kill her father. Accused was also abusing her sister. He also tried to outrage her modesty. The accused was having a torch and she had seen him in the light of the said torch when it suddenly flashed on his face in the bush when he was trying to outrage her modesty. Copy of the aforesaid statement of the victim has also been annexed with the counter affidavit. Thus the aforementioned facts and circumstances clearly indicate that a seven years’ old girl after being kidnapped was tried to be raped in the bush. She was also beaten and threatened. The offence is very grave and serious. Having heard the submissions of learned Counsel for the parties; the perusal of the contents of FIR, statement of the victim recorded under Section 164 CrPC and other papers available on record and the facts and circumstances of the case indicate that a prima facie case under Section 364/376/511 IPC is made out against the petitioner, who is not entitled to get any relief at this Stage. Therefore, no interference is required by this Court at this stage. In the result, the writ petition being devoid of merit is dismissed in limine. (Dharam Veer, J.) 28.6.2010 PRABODH 2