Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26715 of 2018 Petitioner :- Om Prakash Alias Lalloo Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Lav Srivastava,V.P. Srivastava (Sr. Adv.) Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Ms. Anju Agrawal, learned counsel for the petitioner, Sri Gambhir Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 8.9.2018, registered as Case Crime No.250 of 2018, u/s 377, 506 IPC and 3/4 POCSO Act, P.S. Jagner, district Agra.
Learned counsel for the petitioner submits that the petitioner is aged about 60 years and has undergone bypass surgery. He is having grand-son and some ceremony was to be solemnized on the day of incident. The allegation levelled against the petitioner is an afterthought because of previous animosity between the parties as the father of the petitioner had lodged FIR u/s 302 IPC against the brother of respondent no.3. As per FSL report it is apparent that no spermatozoa was seen and no injury was found on the private part of the victim. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but 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 :- 25.9.2018 Gaurav