Amit Upadhyay Alias Shibbu And 3 ... vs State Of U.P. And 2 Others
2018 Latest Caselaw 794 ALL

Citation : 2018 Latest Caselaw 794 ALL
Judgement Date : 22 May, 2018

Allahabad High Court

Amit Upadhyay Alias Shibbu And 3 ... vs State Of U.P. And 2 Others on 22 May, 2018

Bench: Ramesh Sinha, Dinesh Kumar Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 13109 of 2018
 
Petitioner :- Amit Upadhyay Alias Shibbu And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Lok Nath Shukla
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri L.K.Shukla, learned counsel for the petitioners, Sri G.P.Singh, 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 11.5.2018, registered as case crime No.266 of 2018, under Sections 354-A, 323, 504, 506, 427, 120-B I.P.C. and Section 7/8 POCSO Act, Police Station Shivpur, District Varanasi.

Learned counsel for the petitioners submits that there are cross reports of the incident in which both sides have received injuries. The entire prosecution story contained in the FIR is absolutely false and fabricated. He next argued that the respondent no.3 is cousin sister of petitioner nos. 1 and 2 as the father of petitioner nos. 1 and 2 and father of respondent no.3 are real brothers, but the petitioners have been falsely implicated in the present case with ulterior motive. No offence is made out against the petitioners, hence, FIR is liable to be quashed.

Learned AGA opposed the prayer for quashing of the FIR but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.

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 :- 22.5.2018/NS