Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16598 of 2019 Petitioner :- Vijay Nishad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramendra Giri Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri R. K. Pandey, Advocate holding brief for Sri Ramendra Giri, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 7.12.2018 registered as case crime no. 338 of 2018, under sections 363, 507, 376, 342 IPC and Section 3/4 of POCSO Act, P.S. Daraganj, District Prayagraj.
At the outset it has been pointed out by learned counsel for the petitioners that earlier informant of this case approached this Court by filing Criminal Misc Writ Petition No. 1760 of 2019 (Baby Nishad Vs State of UP), praying therein for a direction upon the state respondents to conduct the fair investigation of the said case crime, which was disposed of by this Court vide order dated 2.5.2019 by directing the state respondents to expedite the investigation of the said case crime.
It is further submitted that the petitioners are the relatives of main accused Nikhil Nishad, who has been arrested and is in jail in the present case and because of the relationship of the petitioners with Nikhil Nishad, they have been falsely implicated in the present case by respondent no. 4 by levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 RavindraKSingh