Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11354 of 2019 Petitioner :- Shivam Gupta And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Prashant Kumar Singh, learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the F.I.R. dated 02.04.2019, registered as Case Crime No. 386 of 2019 under Sections 354A, 376, 511 I.P.C. & Section 3/4 Protection of Children from Sexual Offences Act, Police Station-Kotwali Orai, District-Jalaun.
It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the F.I.R. lodged by the respondent no.3 Manish Purwar. Hence the F.I.R. deserves to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations. The respondent no.3 has narrated the incident in natural manner.
From the perusal of the F.I.R., prima facie it cannot be said that no cognizable offence is made out against the petitioners. The learned counsel for the petitioners has not put forth any cogent or convincing reason prompting this Court to quash the F.I.R. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the F.I.R. is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 30.4.2019/Rahul.