Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3801 of 2021 Petitioner :- Anil Prajapati @ Ghure And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 10.04.2021 registered as Case Crime No.92 of 2021, under Sections 323, 326, 498-A, 354, 504 IPC; and Section 7/8 of Pocso Act, P.S. Ram Nagar, District Varanasi.
The allegations in the impugned first information report are with regard to harassment and torture of the informant as also sexual manipulation of minor daughters of the informant. The allegations are against all the accused.
The contention of the learned counsel for the petitioners is that a simple matrimonial dispute between husband and wife has been maliciously given colour by the informant by levelling false allegations.
Whether the allegations are true or false is to be determined on the basis of material collected during the course of investigation and the evidence led in trial, if any required. Thus, the prayer of the petitioners to quash the first information report, at the threshold, cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 25.5.2021 AKShukla/-
Digitally signed by Justice Manoj Misra Date: 2021.05.25 17:09:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.05.25 17:42:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad