Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10896 of 2018 Petitioner :- Mukesh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umesh Chandra Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri U.C.Yadav, learned counsel for the petitioners, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 8.5.2017 registered as Case Crime No.344 of 2017, under Sections 354(A), 504, 506, 452, 323 I.P.C. and 7/8 POCSO Act, Police Station Jagdishpura, District Agra.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. He further submits that the daughter of respondent no.4 is the wife of petitioner no.4 and earlier an FIR was also lodged by respondent no.4 against the petitioners being Case Crime No.143 of 2017, under Sections 363, 366 I.P.C., Police Station Etmadpur, District Agra, which was challenged by them before this Court by means of filing Crl. Misc. Writ Petition No.5846 of 2017 in which their arrest has been stayed by this Court vide order dated 18.4.2017, copy of which is annexed as Annexure-4 (at page-33) to the writ petition, hence, the present FIR has again been lodged by respondent no.4 against the petitioners for the similar offence. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under Section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 30.4.2018/NS