Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34531 of 2018 Petitioner :- Ram Sagar Patel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mayank Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard counsel for the petitioner and A.G.A. for the State.
This writ petition has been filed for quashing the impugned F.I.R. dated 22.9.2018, registered as Case Crime No.587 of 2018,under Sections 354-B, 504, 506, IPC, under Section 7/8 Protection of Children fro Sexual Ofences Act, 2012 and 3(2) (Va), 3(1)(S) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989, P.S. Saini, district Kaushambi.
The counsel for the petitioner submits that the impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner.
In reply to the aforesaid arguments, A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perusing the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, the writ petition is disposed of with the direction in case the petitioner surrenders and applies for bail before the court below, his bail application be decided expeditiously.
Order Date :- 30.11.2018 mt