Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 6698 of 2018 Petitioner :- Pawan Kumar Arya And 2 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ravindra Nath Yadav,Abhishek Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Pursuant to the order of this Court dated 20.3.2018, , the respondent no. 4, Shweta Gupta has been produced before this Court by Shri Sudhir MIshra, S.S.I. Kotwali, District Jaunpur.
Heard learned counsel for the petitioners and Shri Irshad Hussain, learned A. G. A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 8.3.2018 which has been registered as Case Crime No. 97 of 2018, under Sections-376,506,328 IPC and Section 72 of the Information Technology Act 2000, police station Kotwali, district Jaunpur so far it relates to the petitioners.
It is contended on behalf of the petitioners that the petitioner no.1 has married with the respondent no.4 and they have also approached this Court and this Court has granted protection to them. Thereafter present proceeding has been initiated against the petitioners. .
Learned A.G.A. submits that the statement of the victim has been recorded under section 164 Cr.P.C. and she has deposed against the petitioner no. 1 as well other petitioners.
The respondent no. 4 who is personally present before this Court has also supported the statement given by her under section 164 Cr.P.C.
From the perusal of the F. I. R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F. I. R. Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the petitioners, it is directed that in case the petitioners appear before the court concerned and apply for bail, the same shall be heard and disposed of expeditiously, strictly in accordance with law, after hearing the Public Prosecutor.
With the above directions, this petition is disposed of finally.
Order Date :- 28.3.2018 R