Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7908 of 2021 Petitioner :- Surendra Jain And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vikash Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Vakalatnama filed today by Sri Gyanendra Prasad Mahant, Advocate on behalf of respondent no.2 is taken on record.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
By means of the present writ petition, the petitioners are seeking quashing of the first information report dated 04.06.2026 registered as Case Crime No.0720 of 2016, under Sections 354A, 354B, 354D, 504, 506 I.P.C. & Section 7, 8,17 POCSO Act & 3 Protection of Women from Domestic Violence Act, 2005, P.S.-Sihanigate, District-Ghaziabad.
The allegation in the first information report regarding commission of cognizable offence on the part of the petitioners herein are clear and categorical. From perusal thereof, it cannot be said that the allegations in the first information report are forged, inasmuch as, the merits or demerits of the allegations cannot be examined within the scope of Article 226 of the Constitution of India.
Interference, at this stage, may impede the process of speedy investigation.
The writ petition is found devoid of merits and hence dismissed.
Order Date :- 21.9.2021 JK Yadav/-