Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15256 of 2019 Petitioner :- Shyam Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivam Yadav,Akhilesh Singh Counsel for Respondent :- G.A.,Arvind Prabodh Dubey
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners, Sri Nitin Chandra, Advocate holding brief of Sri Arvind Prabodh Dubey, learned counsel for the complainant and Sri Mithilesh Kumar, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.0040 of 2019, u/s 147, 148, 452, 354-Ka, 354-Kha, 325, 504, 506 and 7/8 of Prevention of Children from Sexual Offences Act, 2012, Police Station Behat, District Saharanpur.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed .
Learned counsel for the complainant informed the Court that the petitioners who happens to be a criminal, have criminal history of 26 cases, chart of which have been produced before the Court. The petitioner nos. 1 and 2 are the real brother.
We have perused the FIR and from perusal of the allegations as made in the impugned F. I. R., it cannot be said that no cognizable offence is made out.
Reference may be made to the judgment of the Apex Court rendered in the case of R. Kalyani v. Janak C. Mehta and Others reported in 2009 (1) SCC 516. The said decision has also been followed by the Apex Court in the case of Kamlesh Kumari and Ors. v. State of U.P. and Ors. reported in 2015 AIR SCW 3700.
After hearing learned counsel for the parties and after perusing the impugned FIR and keeping in view the law as laid down by the Apex Court in the aforementioned cases, the Court is of the opinion that no case for grant of any indulgence is made out.
However, without expressing any opinion on the merits of the case, it is directed that in case the petitioners appear and surrender before the courts below and apply for bail within two weeks from today, their prayer for bail shall be considered and decided expeditiously.
With the aforesaid direction, the instant writ petition is disposed of finally.
Order Date :- 30.5.2019/SR