Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2166 of 2019 Petitioner :- Radhey Pasi And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioners, the learned AGA and perused the impugned F.I.R, as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R dated 06.12.2018 registered as Case Crime No. 332 of 2018, under sections 147, 307, 324, 323, 504, 506 IPC, P.S.-Gagaha District- Gorakhpur.
Learned counsel for the petitioners submits that an occurence took place on 6.12.2018 at 2.00 p.m. wherein respondent no.3 and his family members came to the house of petitioners, assaulted the family members and attempted to outrage the modesty of female family members but the FIR of the petitioners came to be lodged a day after, the present FIR is malafidely motivated, liable to be quashed.
Learned A.G.A. rightly submitted that FIR discloses commission of a cognizable offence, investigation is pending and on above grounds FIR cannot be quashed.
The writ petition lacks merit and is dismissed. Order Date :- 31.1.2019 Fhd.