Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 7565 of 2018 Petitioner :- Ram Ratan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nanhe Lal Tripathi Counsel for Respondent :- G.A.,Ved Prakash Ojha
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
This writ petition has been by the petitioners with the prayer to quash the impugned FIR dated 21.2.2018, which has been registered as Case Crime No. 0039 of 2018, under Sections 452, 376D, 506, 379 IPC, P.S. Jakhaura, District- Lalitpur.
It is contended by learned counsel for the petitioners that husband of respondent no. 4 has committed rape with the wife of petitioner no. 1, in which first information report lodged on 17.12.2017, which has been annexed as Annexure No. 2 to this petition. It is next contended that respondent no. 4 as a counter blast filed an application u/s 156 (3) Cr.P.C. for registration of FIR against the petitioners. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Learned AGA opposed the aforesaid prayer.
Considered the submissions of learned counsel for the parties. From perusal of the F.I.R., in view of the allegations made therein prima facie commission of offence is made out. Hence, there is no ground for interfering in the investigation or for quashing of the FIR.
However, considering the allegations made in the F.I.R., it is provided that the petitioners shall not be arrested in above mentioned case, till submission of police report under section 173 (2) Cr.P.C. The petitioners shall cooperate with the investigation of the case.
With the above direction, this petition is finally disposed off.
Order Date :- 28.3.2018 KU