Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16995 of 2019 Petitioner :- Saddam And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kalp Dev Mishra,Ram Shish Ram Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
This writ petition has been filed challenging the FIR dated 08.06.2019 giving rise to Case Crime No. 0128 of 2019 under Sections 323, 324, 354kha, 504 and 506 IPC and Section 7/8 POCSO Act, P.S. Aurai, District Bhadohi.
Heard Shri Kalp Dev Mishra, learned counsel for the petitioners and Shri Neeraj Kant Verma, learned AGA appearing on behalf of the State.
The submission of learned counsel for the petitioner is that the petitioners have been falsely implicated in the present crime and no incident as alleged ever took place. It is said that the dispute between the petitioners and the fourth respondent has a background to it over throwing of garbage which has led to bickering and then an animosity. The present FIR has been lodged in the aforesaid background.
Shri Neeraj Kant Verma, learned AGA has opposed the motion to admit this petition to hearing.
We have taken through the impugned FIR and find that there are definite allegation where the informant has come up to say that the petitioners outraged the modesty of his grand-daughter while she had gone along with her brother. It is said that when his grandson intervened, he was assaulted. The petitioner has not placed any injury report on record.
Considering the aforesaid facts and the circumstances as they stand, we do not find it to be a fit case to interfere with the impugned FIR. Accordingly, we decline to quash the same.
However, we direct that in case, the petitioners appear and surrender before the Courts below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today, no coercive action shall be taken against the petitioners. However, in case, the petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
This writ petition stands disposed of accordingly.
Order Date :- 21.6.2019 Deepak