Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16055 of 2019 Petitioner :- Pushpendra And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Sharma Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Rajesh Sharma, learned counsel for the petitioners, Sri Vinod Kumar Pandey, 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 by the petitioner with a prayer to quash the F.I.R. dated 29.09.2018 registered as case crime no.455 of 2018 under sections 147, 148, 452, 323, 504, 376, 511 I.P.C., police station- Atrauli, District- Aligarh.
Learned counsel for the petitioners has submitted that as per FIR version occurrence is stated to be of 13.09.2018 at 5 p.m. when accused-petitioner no. 1 Pushpendra had tried to outrage the modesty of the respondent no. 3 and in the process she hit a brick on his head. Learned counsel for the petitioners has further submitted that the said case has been falsely slapped against the petitioners because on the same date an FIR was lodged by the father of accused-petitioner no. 1 against husband of opposite party no. 3 and his family members, a copy of which is attached as Annexure no. 2 to this petition, it has been mentioned that as a counter blast, the present case has been slapped against the petitioners.
Learned A.G.A. opposed the prayer for quashing 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. provided they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of. Order Date :- 10.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)