Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 1337 of 2019 Petitioner :- Raj Kumar And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar,Sudhir Kumar Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners and Shri Sanjeet Kumar Mishra, who has put in appearance on behalf of the respondent no.4 and the learned A.G.A. on behalf of the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 22.12.2018 registered as Case Crime No.945 of 2018, under Sections 363,366 IPC and Section 7/8 of P.O.C.S.O. Act, 2012, P.S. Jani, District Meerut.
It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.4. Hence the FIR deserves to be quashed.
It is contended by the learned counsel for the respondent no.4 that the statement of the victim under Section 164 Cr.P.C. has already been recorded in which she has narrated the complicity of all the accused persons, including one Mohit, who are already named in the FIR lodged by the respondent no.4. Now the offence under Section 376 IPC has been added. It is further contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
It is further provided that the petitioner nos.4 & 5, namely, Smt. Lata and Smt. Komal shall be released on interim bail till the final disposal of the regular bail application.
Order Date :- 21.1.2019 M. Tariq