Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and the learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. C-131 of 2010, under Sections 323, 504 and 506 IPC read with Section 3(1)
(x) SC/ST Act, police station Kotwali Nagar, district Sultanpur.
We have gone through the FIR. As it comes out earlier prosecutrix-daughter of opposite party no. 3 was subjected to rape by the petitioners of which FIR was lodged and the case is pending trial before the court concerned. It further comes out that the complainant has been manhandled by the petitioners and has received injuries in the incident.
In view of the above, the FIR cannot be quashed as it discloses commission of cognizable offence.
The writ petition is misconceived and is accordingly dismissed.
However, it is provided that if the petitioners surrender and move application for bail, the same shall be considered and disposed of by the courts below expeditiously.
Order Date :- 1.2.2010 Chauhan/-