Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 7309 of 2018 Petitioner :- Riyaj @ Raju And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rupak Chaubey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Rupak Chaubey, learned counsel for the petitioners, Sri Vikas Sahai, 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 27.1.2017 registered as Case Crime No.40 of 2017, under Sections 363, 506 I.P.C. and Section 7/8 POCSO Act, 2012, Police Station Jaitpura, 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 submits that the alleged child, namely, Ahmad Hafiz Khan who has been mentioned as 'Yes Kumar Sharma' in the FIR is not the son of respondent no.3 and he is the son of co-accused Anwari Begum. He next argued that the the respondent no.3 had solemnized marriage with Dinesh Kumar Sharma few months back only and she has given birth of twins four months ago and thereafter under the pressure of her alleged husband namely, Dinesh Kumar Sharma, respondent no.3 started atrocities on her mother Anwari Begum and her younger brother, i.e., alleged child due to which co-accused Anwari Begum has left the house and is living with her elder daughter, namely, Jabana Parveen and the child, namely, Ahmad Hafiz Khan, the said fact has been mentioned n paragraph no.12 of the writ petition. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, the FIR is liable to quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
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.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 27.3.2018/NS