Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2373 of 2019 Petitioner :- Buddhesh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pankaj Kumar Mishra, learned counsel for the petitioners, Ms. Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 26.3.2016, registered as Case Crime No.164 of 2016, u/s 147, 148, 452, 323, 427, 379, 354, 376, 511 IPC, P.S.
Gulriha, district Gorakhpur.
Learned counsel for the petitioners submits that FIR was lodged against twenty one named persons including the petitioners and there were also 100 unknown persons. It is stated that in the present case offence u/s 376, 511, 379, 354 IPC has been dropped but thereafter further investigation was ordered by the higher police officials and after ten months of the incident, statements of three prosecutrix/victims was recorded u/s 164 Cr.P.C. in which general allegation has been levelled against the accused persons including the petitioners except there is specific allegation against accused Sheshnath and Aniruddh for outraging the modesty one of the victim, hence present FIR lodged against the petitioners be quashed.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioners is distinguishable from the case of co-accused Sheshnath and Aniruddha.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019 Gaurav