Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16686 of 2019 Petitioner :- Brij Kishore And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Anand Mohan Pandey,Ram Raj Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard A.M. Pandey, learned counsel for the petitioners, Ms. Archana Singh, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners for quashing the impugned FIR dated 7.6.2019 registered as case crime no. 165 of 2019, under Sections 376, 313, 506 IPC and Section 3/4 D.P. Act, P.S. Meerganj, District Bareilly.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 3 roping in the family of petitioner no. 1 containing absolutely false, concocted, vague and sweeping allegations against them. It is further submitted that the petitioners are the real brothers and the petitioner no.1 was in a relationship with the prosecutrix since last three years and when relationship could not materialise, the present FIR was lodged. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 2 to 4 hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos. 2 to 4 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019/Deepika