Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15193 of 2019 Petitioner :- Love Mishra @ Munnu Mishra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ghanshyam Das Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the respondent nos. 1, 2 and 3; perused the record.
The instant petition has been filed to quash the F.I.R. dated 28.4.2019 registered as case crime No. 93 of 2019 under Section 366, 323, 376 I.P.C., Police Station- Nueria, District- Pilibhit.
The impugned F.I.R. has been lodged by mother of the victim alleging that the victim has been assaulted by Munnu Mishra and Shiva Mishra, who are the petitioners in this petition.
In her statement recorded under Section 164 Cr.P.C. she has alleged that on 23.3.2019 she was taken from her house by accused Munnu Mishra to sugarcane field where she was sexually assaulted and, thereafter, she was left there. She has also levelled allegation against Shiva for assaulting her.
The contention of the learned counsel for the petitioner is that the first information has been lodged with delay and in fact false allegation has been levelled against the petitioner no. 1, as he is brother of victim's ex-husband.
As the allegations disclose commission of cognizables offences and are supported by the statement of the victim recorded under Section 164 Cr.P.C. and, admittedly, the brother of the petitioner no. 1 has divorced the victim, it cannot be said at this stage that allegations are malafide. Hence, no relief can be granted to the petitioner in the writ jurisdiction.
The writ petition is dismissed with liberty to the petitioners to apply for bail.
Order Date :- 30.5.2019 A. Pt. Singh