Smt. Pooja And Another vs State Of U.P. Thru. Prin. Secy. ...
2017 Latest Caselaw 5411 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 20282 of 2017
 

 
Petitioner :- Smt. Pooja And Another
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others
 
Counsel for Petitioner :- Udai Bhan Pandey
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Hon'ble Shashi Kant,J.

Heard learned counsel for the petitioners, learned A.G.A. and perused the record.

This writ petition has been filed with the prayer for quashing the FIR dated 07.07.2017 in Case Crime No. 0259/2017, under Sections 363, 366 IPC, registered at Police Station Mankapur, District Gonda as contained in Annexure No. 1 to this writ petition. Further prayer to direct the opposite parties not to arrest the petitioners in pursuance of the impugned FIR and also direct the opposite parties to not interfere in the peaceful life of the petitioners.

Learned counsel for the petitioners submitted that since both the petitioners are major, as such no offence is made out. On the basis of the false allegation, the impugned FIR was lodged by the respondent no. 4, mother of the petitioner no. 1. Hence, the same is liable to be quashed.

Learned A.G.A. opposed the aforesaid prayer and submitted that as per the instructions, the charge sheet has been submitted against the petitioner no. 2 and according to the school record, the petitioner no. 1 was found minor and as such, prima facie commission of offence is disclosed, hence the petitioners are not entitled for any relief.

Learned A.G.A. further submitted that since there was an interim order in their favour, hence the petitioners are not co-operating with the investigation and they have not been apprehended. In view of the above facts and circumstances at this stage, no interference is required in the present case.

Considered the submissions of the learned counsel for the parties. Since the charge sheet has been submitted, the petition is liable to be dismissed.

The present petition is accordingly dismissed.

Interim order stands discharged.

Order Date :- 12.10.2017

Monika