Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15381 of 2019 Petitioner :- Shahzad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Sharma Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the respondent nos. 1 and 2 and perused the record.
The instant petition has been filed to quash the F.I.R. dated 5.2.2019 registered as case crime No. 128 of 2019 under Section 354, 354-A, 354-B, 354-C, 376, 511 and 506 I.P.C., Police Station- Lisadigate, District- Meerut.
The allegation in the first information report, which has been lodged by the victim, who is 'Bhabhi' of the petitioner, is that the petitioner made an attempt to sexually assault her. The allegation of sexual assault has been supported by the statement of the victim recorded under Section 164 Cr.P.C.
Learned counsel for the petitioner has submitted that the allegations are false and malafide and, in fact, earlier false first information report has been lodged by the victim at P.S.- Lisadigate, which was registered as case crime no. 171 of 2019, in which not only the petitioner but entire family of the petitioner was implicated and in the said case, by order dated 4.4.2019, passed in Criminal Misc. Writ Petition No. 8370 of 2019, a protection order was granted against arrest till submission of report under Section 173 (2) Cr.P.C.
Learned A.G.A. vehemently opposed the prayer for granting protection to the petitioner and has submitted that the other first information report in which protection was granted was against the family members of the petitioner whereas the impugned F.I.R. is only against the petitioner and is corroborated by the statement of the victim recorded under Section 164 Cr.P.C. He has also submitted that the impugned F.I.R. is prior in point of time than the other F.I.R.
We have given thoughtful consideration to the submissions of the learned counsel for the parties.
As the allegations made in the impugned F.I.R. disclose commission of cognizable offence and they are specifically against the petitioner and the impugned first information report was prior to the other first information report, which implicates the entire family of the petitioner, we decline the prayer of petitioner to quash the first information report.
The writ petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 30.5.2019 A. Pt. Singh