The Uttarakhand High Court on Monday told BJG MLA Mahesh Negi, “Subsequent FIR may not always be termed as counter blast” when he sought quashing of Rape FIR against him, contending that the same was ‘counter blast’ to the FIR filed against the informant by his wife.
The MLA’s wife Rita Negi moved to High Court for quashing of a FIR registered in Dehradun under section 376 and 506 Indian penal code.
Justice N.S Dhanik noted that, “According to the FIR, the husband of the petitioner sexually exploited the informant on multiple occasions. Resultantly, she delivered a child from the husband of petitioner.”
Further Judge recorded “The FIR is quite in detail”, when the informant claimed Right of her child, it is the petitioner who tried to hush up the matter by offering the money to the informant and trying to threatened and pressurize the informant.
“Subsequent FIR may not always be termed as counter blast”. But, having considered the averments made in the FIR, this Court is of the view that this matter definitely requires further deliberation”, issuing notice on the plea to the informant-alleged victim, Justice N.S Dhanik added.
The Bench clarified on seeking the response from State Government, till the next date of listing being November 09, no steps should be taken against the petitioner provided she cooperate with the investigation process.
On Wednesday, the same Single Bench of Justice N.S Dhanik issued notice to Mahesh Negi and his wife on the writ petition by the complainant-victim for investigation by the CBI into the matter.
