Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26320 of 2018 Petitioner :- Shamim And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Supplementary-affidavit has been filed by learned counsel for the petitioners on behalf of petitioners today, which is taken on record.
Heard Sri Indra Raj Singh, learned counsel for the petitioners, Sri Amrit Raj Chaurasia, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 07.07.2018, registered as case crime no. 146 of 2018 under sections 364-A, 504, 506 I.P.C., 3(1)(da), 3(1)(dha), 3(2)5 ka and 3(2)5 Scheduled Caste and Scheduled Tribe (prevention of atrocities) Act, 1989 (Amendment 2015), police station Atraulia, District Azamgarh.
Learned counsel for the petitioner submitted that the petitioners are the labourers. The petitioner no.1 is minor boy and his date of birth as recorded in the Aadhar Card is 01.01.2005, a copy of which is annexed as Annexure no. SA-1 of supplementary-affidvit. The victim has already been recovered. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned AGA has opposed the prayer for quashing the F.I.R.
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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 JK Yadav