Sundari and 2 Others v. State of Uttar Pradesh and 3 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 17357 of 2023 Petitioner :- Sundari And 2 Others Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Shrikrishna Shukla Counsel for Respondent :- G.A.,Rajesh Kumar Bind Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard learned counsel for the petitioners, Sri Rajesh Kumar Bind, learned counsel appearing for opposite party no. 3 learned A.G.A. appearing for the State-respondents and perused the record. The petitioners, by means of this writ petition under Article 226 of the Constitution of India, have invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 12.10.2023 registered as Case Crime No. 396 of 2023, under Sections 376-D, 377, 323, 506 IPC and Section 3/4 of POCSO Act, 2012, Police Station Hathras Gate, District Hathras. Upon hearing learned counsel for the parties and upon a perusal of the record, we are of the considered opinion that the cognizable offence is made out against the petitioners and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India. Accordingly, the prayer for quashing the FIR is declined and refused. However, it is open for the petitioners, if so advised, they shall move proper anticipatory bail application before the appropriate forum, within fifty days from today. It is also made clear that the Court is not expressing any opinion on the merits of the case. The court concerned is expected to apply its robust and judicial discretion in deciding the anticipatory bail application as early as possible. With the above observation, the writ petition is disposed of. Order Date :- 7.11.2023 M. Tarik High Court of Judicature at Allahabad