HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 14082 of 2018 Petitioner :- Sachin Kumar Singh And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinay Saran Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vinay Saran, learned counsel for the petitioners, Sri N.K.Verma, 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 15.5.2018, registered as case crime No.93 of 2017, under Sections 376-D, 307, 506 I.P.C. and 3/4 POCSO Act, Police Station Khakheru, District Fatehpur.
Learned counsel for the petitioners submits that there was some dispute between the parties on a trivial issue and an application to that effect was also moved by the private respondent no.3, but after eight months of the incident the impugned FIR has been lodged against the petitioners by respondent no.3 on the basis of an application under Section 156(3) Cr.P.C. application just to give serious colour to the said incident. He further submitted that no one sustained any injury in the alleged incident and no medical examination of the victim has been conducted. The allegations 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 by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018/NS