Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16991 of 2019 Petitioner :- Aamir And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Niklank Kumar Jain Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Niklank Jain, learned counsel for the petitioners and Sri Deepak Mishra, learned Additional Government Advocate appearing on behalf of the State.
This petition has been filed by the petitioners challenging the FIR dated 07.06.2019 giving rise to Case Crime No. 167 of 2019, under Section 354 IPC and 8 POCSO Act, Police Station Jalesar, District Etah.
The submission of the learned counsel for the petitioners is that they have been falsely implicated in the present crime as there is a dispute between the parties over the right to drainage.
However, Sri Deepak Mishra, learned Additional Government Advocate has opposed the motion to admit this petition to hearing and has submitted that it is a case of molestation of two young girls by the petitioners in a public place, extending death threats to them, and thereafter stalking them.
We have perused the first information report and find that there is a prima facie case of molestation and misbehaviour. We do not find any good ground to interfere with the impugned first information report. Accordingly, the prayer for quashing the FIR is refused.
However, considering the overall facts and circumstances of the case, it is provided that in case the petitioners appear and surrender before the Courts below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today, no coercive action shall be taken against the petitioners in the aforesaid case. However, in case, the petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
This writ petition stands disposed of accordingly.
Order Date :- 21.6.2019 Pkb/