Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16640 of 2019 Petitioner :- Prashant Tiwari @ Jammu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri B.K. Mishra, learned counsel for the petitioners, Sri S.S. Sachan, 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 22.5.2019, registered as Case Crime No.115 of 2019, u/s 323, 504, 506, 354 IPC, P.S. Sujanganj, district Jaunpur.
Learned counsel for the petitioners submits that the victim happens to be the niece of petitioner nos.1 and 2 who had left the house for which the petitioners had lodged FIR u/s 363 IPC against the father-in-law of respondent no.2. Thereafter when the recovered was recovered, her statement u/s 164 Cr.P.C. was recovered in which she has falsely deposed against the petitioners. The allegations levelled against the petitioners 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 petitioners 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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Gaurav