Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2331 of 2019 Petitioner :- Girja Shankar And 2 Others Respondent :- State Of U.P And 2 Others Counsel for Petitioner :- Ram Suphal Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Ram Suphal Shukla, learned counsel for the petitioners, learned A.G.A. for the State-respondents and perused the record.
The instant petition seeks quashing of the FIR dated 25.8.2018 registered as Case Crime No.0223 of 2018, under Sections 323, 504, 506, 452, 354 I.P.C. and 7/8 POCSO Act, Police Station Bara Lines, District Allahabad (Prayagraj).
The allegations in the FIR are of assaulting and outraging the modesty of a minor girl.
The petitioners claim that the incident is false and affidavits have been given that in anger the FIR was lodged.
The allegations do make out commission of cognizable offence and, therefore, no case for quashing of the FIR is made out. Further, in State of Rajasthan vs. Raj Kumar Agarwal, (2012)
8 SCC 616, it has been held that reliance on affidavits in support of accused should not be placed, at this stage, as it would be very easy for influential persons to secure affidavits of witnesses during investigation.
The petition is dismissed.
Order Date :- 29.1.2019 Ajeet