Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16178 of 2019 Petitioner :- Sattari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Dinesh Kumar Gupta, learned counsel for the petitioner, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 1.6.2019 registered as Case Crime No. 0315 of 2019, under Sections 376-D, 506, 120-B I.P.C. and 3/4 POCSO Act, police station Kharkhauda, District Meerut.
Learned counsel for the petitioner submits that the petitioner though is a lady but from the FIR no date and time of the incident has been mentioned. It is further submitted that the petitioner is innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the petitioner is the neighbour of the victim girl who is aged about 13 years and was subjected to rape.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Deepika