Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19920 of 2019 Petitioner :- Sochani Devi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gyanendra Prakash Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri G.P.Srivastava, learned counsel for the petitioners, Sri Prabhash Pandey, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 3.4.2019, registered as case crime No.139 of 2019, under Sections 363, 366, 504, 506 I.P.C. and 7/8 POCSO Act, Police Station Mohammadabad, District Mau.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the as per the FIR, victim is a minor girl aged about 17 years and she is said to have been enticed away by the son of petitioner nos. 1 and 2, namely, Dharmendra and the petitioner nos. 1 and 2 happens to be parents and petitioner no.3 happens to be brother of Dharmendra respectively have been falsely implicated in the present case. He next argued that the co-accused Dharmendra has been arrested and sent to jail. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. and submitted that as per 164 Cr.P.C. statement of victim, allegation for committing rape has been levelled against the co- accused Dharmendra.
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 they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
((Raj Beer Singh,J. ) (Ramesh Sinha, J.) Order Date :- 26.7.2019/NS