Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 15911 of 2019 Petitioner :- Kanhaiya And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalit Kumar Shukla Counsel for Respondent :- G.A.,Som Veer Hon'ble Karuna Nand Bajpayee,J. Hon'ble Sanjay Kumar Singh,J.
This writ petition has been filed seeking the quashing of F.I.R. dated 10.3.2019 registered as Case Crime No. 67 of 2019, under Sections 377, 323, 506 IPC read with Section 3/4 of the Protection of Children from Sexual Offences Act,2012, P.S. Barsana, District Mathura.
Heard Mr Neeraj Kumar Chaurasiya, Advocate holding brief for Sri Lalit Kumar Shukla, learned counsel for petitioners and learned A.G.A.
Perused the record.
Counsel for the petitioners at the very outset has not pressed the prayer seeking the quashing of the impugned F.I.R. and has submitted that the petitioners only want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
In view of the submissions made by the petitioners' counsel, the prayer for quashing the impugned F.I.R. stands dismissed.
However, in view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the petitioners within two weeks from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the petitioners in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is clarified that this order has been passed only with regard to the accused on behalf of whom this writ petition has been moved in this Court.
With the aforesaid observations this petition is finally disposed off.
Order Date :- 7.6.2019 RavindraKSingh