Vansh Raj @ Lallu & 4 Others vs State Of U.P., Thru. Prin. Secy., ...
2014 Latest Caselaw 4101 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 7030 of 2014
 

 
Petitioner :- Vansh Raj @ Lallu & 4 Others
 
Respondent :- State Of U.P., Thru. Prin. Secy., Home & 2 Others
 
Counsel for Petitioner :- Raj Baksh Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the petitioners, learned A.G.A. and Sri Rajiv Kumar Bajpai, learned counsel for the accused respondents.

This petition has been filed by the petitioners Vansh Raj @ Lallu & 4 Others with a prayer to quash the FIR of case crime No. 305 of 2014 under sections 363, 366, 376, 506 IPC, P.S. Dhammaur, District Sultanpur.

From the perusal of the FIR it appears that on the basis of allegation made therein the prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.

However, considering the submission made by learned counsel for the petitioners that in the present case statement of the prosecutrix has been recorded under section 164 Cr.P.C. in which she disclosed her aged 17 yeas and has supported the prosecution story but subsequently in case crime No. 132 of 2014 her statement has been recorded under section 164  Cr.P.C.  in which she has not supported the prosecution story. The reference of the present incident has also been given therein  and the main accused is in jail, it is directed that in case petitioners appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Sigh Versus State of U.P reported in 2009(4) S.C.C. 437.

With this direction, this petition is finally disposed of.

Order Date :- 6.8.2014

RPD