Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5850 of 2017 Petitioner :- Bansi @ Shushil Kumar (Minor) And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bharat Bhushan Paul Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri B.B.Paul, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 25.3.2017 registered as Case Crime No.277 of 2017, under Sections 323, 354 I.P.C. and 7/8 POCSO Act, Police Station Firozabad South, District Firozabad.
Learned counsel for the petitioners submits that the respondent no.3 is neighbur of the petitioners and there was some dispute between them on a trivial issue, hence, the present FIR has been lodged by respondent no.3 against the petitioners levelling false and frivolous allegation though no offence is made out against the petitioners.
Learned A.G.A opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Mrs. Rekha Dikshit,J.) (Ramesh Sinha, J.) Order Date :- 18.4.2017/NS