Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2551 of 2019 Petitioner :- Ommi And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Gupta,Kiran Gupta Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State-respondent nos.1 and 2, and perused the record.
The instant petition seeks quashing of the FIR dated 18.07.2018 registered as Case Crime No.0265 of 2018, under Sections 354, 147, 452, 323, 504, 506 I.P.C. and Sections 7 and 8 POCSO Act, 2012, under Section Surir, District Mathura.
The contention of the learned counsel for the petitioner is that the impugned FIR has been lodged with delay on an application under Section 156 (3) Cr.P.C. just to show another version of the incident dated 13.05.2018 which was reported by the petitioner no.3.
As the FIR does discloses commission of cognizable offence, no case to quash the FIR is made out. More over, from the application under Section 156 (3) Cr.P.C. it appears that the informant had promptly reported to the higher police official that her FIR was not being lodged.
The petitioners may apply for bail.
The petition stands disposed off. Order Date :- 31.1.2019 Ajeet