Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24526 of 2018 Petitioner :- Salu @ Ashish (Minor) And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Satya Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Satya Prakash Singh, learned counsel for the petitioners, Sri N.K. Verma, learned A.G.A. appearing for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 02.08.2018 registered as case crime no. 142 of 2018, under Sections 366-A, 376, 504, 506, IPC and 3/4 POSCO Act, P.S. Walterganj, District Basti.
Learned counsel for the petitioners submits that the petitioner no.2 is the father of the petitioner no.1 and there is allegation of rape against the petitioner no.1. He further submits that petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the present F.I.R. has been lodged by respondent no.3 against the petitioners on the basis of application under section 156 (3) Cr.P.C. The allegation levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no. 2 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018/VKG