Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 24383 of 2019 Petitioner :- Madan Yadav And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Lalta Prasad,Ram Bahadur,Shri Anil Srivastava Senior Adv Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned first information report dated 18.11.2019 in Case Crime No.1008 of 2019, under Sections 323, 504, 506, 376 I.P.C. and Section 3(2) (5) Scheduled Castes/Scheduled Tribes Act, Police Station Colonelganj, District Prayagraj.
The first information report has been lodged by the complainant respondent no.3 on 18.11.2019 with the allegations that the petitioner no.1 made physical relationship with her on the pretext of marriage and on 05.11.2019 when she went to the house of the petitioner no.1, petitioner no.2, who is mother of the petitioner no.1 pushed her on account of which she fell from the stairs and received injuries. It is further alleged that the petitioner no.2 had abused her relating to her caste.
The petitioner's contention is that the impugned F.I.R. has been lodged against the petitioners only to harass them and they have not committed any offence as alleged in the first information report. The petitioners have no concern with the alleged offence and they have been falsely implicated in the present case.
A bare reading of the impugned FIR goes to show that the allegations prima-facie constitute commission of cognizable offence, hence, there is no reason to quash the same.
Writ petition, accordingly, stands dismissed.
Order Date :- 29.11.2019 Jitendra