Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2683 of 2019 Petitioner :- Dilshad Saqlaini Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Imtyaz Ahmad Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Imtyaz Ahmad for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 28.12.2018 registered as Case Crime No. 1289 of 2018, under Section 153 A, 323, 504, 506, 406, 498 A, 354 B, 377, 511 IPC and Section 3/4 POCSO Act, 2012, P.S. Bisrakh, Distt. Gautam Budh Nagar.
A perusal of FIR shows that in substance the allegation has been made in the FIR that the informant was living in relation with the accused since three years and with their relation one daughter was also born. Thereafter by conversion of religion the informant married to the accused on 12.9.2017. The accused is assaulting the informant on every day and several times he attempted to commit murder of the informant by the wire of charger of laptop. On gun point the accused snatched a gold chain and Rs. 1,50,000/- from the informant. He has forced to do unnatural sex with her and her daughter.
We have considered the arguments of the counsel for the petitioner.
A perusal of the FIR shows that it discloses the offence as such it is not liable to be quashed.
However, if the petitioner surrenders and applies for bail then same shall be decided in accordance with law.
The writ petition is dismissed.
Order Date :- 31.1.2019 Rahul Dwivedi/-