Court No. - 52
Case :- CRIMINAL MISC. WRIT PETITION No. - 10981 of 2021 Petitioner :- Chhote Lal And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prakash Veer Tripathi Counsel for Respondent :- G.A
Hon'ble Vivek Kumar Birla,J. Hon'ble Rajendra Kumar-IV,J.
Supplementary affidavit filed on behalf of applicants is taken on record.
Heard learned Counsel for the petitioners and learned AGA for State.
This writ petition has been filed for quashing the impugned First Information Report dated 06.10.2021 in Case Crime No.249 of 2021, under Sections 376, 323 & 504 IPC, Police Station Walterganj, District Basti.
Submission is that no offence was ever has been made out. Petitioners are innocent and even parents of the petitioners have been impleaded. Attention was also drawn to the various documents that the criminal cases are pending against the informant. It is further submitted that in any case offence under Section 376 IPC is not made out against the petitioners from a bare glance over the allegation made in the First Information Report.
Matter requires consideration.
Learned AGA appears for the State-respondent nos.1, 2 and 3.
Issue notice to respondent no.4, returnable within four weeks. Steps may be taken within a week.
All the respondents are accorded three weeks time to file counter-affidavit. One week, thereafter, for rejoinder.
Respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation till the next date of listing or till submission of charge sheet which ever is earlier.
Order Date :- 17.12.2021 /// I.A.Siddiqui