Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11511 of 2019 Petitioner :- Mithilesh Mishra Alias Kaptan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shree Prakash Giri Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
A supplementary affidavit filed by learned counsel for the petitioner in Court today, is taken on record.
Heard Sri Shree Prakash Giri, learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 10.12.2018, registered as Case Crime No. 0352 of 2018, under Sections 354, 376D I.P.C. & Section 3(1)(e), 3(1)(w), 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, Police Station-Lalganj, District-Mirzapur.
It is submitted by the learned counsel for the petitioner that the petitioner is being unnecessarily harassed on the basis of false allegations made against him while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.4 Smt. Puspa Devi. Hence the FIR deserves to be quashed.
Per contra learned A.G..A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations. The statement of respondent no.4 under Section 164 Cr.P.C. fully corroborated the prosecution case. She will not invite indelible stigma on her character exposing false allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences which cannot be oversighted by this Court at this stage hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 30.4.2019 Rahul.