Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16470 of 2019 Petitioner :- Km. Sushma And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Bajpai Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Anuj Bajpai, learned counsel for the petitioners, Sri S.K. Singh, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer for quashing the impugned FIR dated 15.5.2019 registered as case crime no. 292 of 2019 under sections 323, 354, 452, 504, 506 I.P.C. and 7/8 POCSO Act and 3 (1) b, 3 (1) c, 3 (1) d S.C./S.T. Act, police station Tilhar, District Shahjahanpur.
It has been submitted by the learned counsel for the petitioners that the petitioners have been falsely implicated in the present case by respondent no. 3 though no offence as has been mentioned in the F.I.R. is disclosed against them, hence the present F.I.R. is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners and submitted that specific allegation has been levelled against petitioner no. 4.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos. 1 to 3 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 4 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Shiraz