Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 24339 of 2019 Petitioner :- Sultan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioner seeking quashing of the FIR dated 27.10.2019 registered as Case Crime No. 544 of 2019, under Sections 366, 376, 323 and 506 IPC, Police Station Najibabad, District Bijnor with a further prayer, not to arrest the petitioners in pursuance of the first information report.
The allegation in the FIR is that the petitioner enticed the prosecutrix and committed rape upon her.
Learned counsel for the petitioner submitted that the prosecutrix- respondent no.4 has filed an application before the Chief Judicial Magistrate, 1st stating that her parents wanted to solemnize her marriage with an old person and that she wants to live with the petitioner of her own sweet will. Learned counsel for the petitioner submitted that petitioner is being unnecessarily harassed on the basis of false allegations made against him while prima facie no cognizable offence is made out pursuant to the FIR lodged by the informant. Hence the FIR deserves to be quashed.
Be that as it may since the first information report has been lodged by the informant-respondent no.4 alleging that the petitioner enticed her away and committed rape upon her, we do not find any good ground for interference.
The writ petition lacks merit and is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously, in accordance with law.
Order Date :- 28.11.2019/N Tiwari