Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25370 of 2018 Petitioner :- Smt. Ranjana Srivastava And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashi Kumar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shashi Kumar, learned counsel for the petitioners, Sri Gambhir Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 26/8/2018 registered as case crime No.200 of 2018, under Sections 376, 323, 504 I.P.C., P.S. Chetganj, District Varanasi.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that admittedly respondent no.4 is a major girl and it appears that she was having some relationship with petitioner no.3, namely, Harsh Ranjan Srivastava and when their relationship could not materialize, she lodged the impugned FIR against petitioner no.3 including the petitioner nos.1 and 2 who are mother and sister of petitioner no.3 respectively. He next argued that the allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of 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. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 13.9.2018/NS