The Court rejected the plea to quash the FIR under the PCPNDT Act and IPC, holding that a cognizable offence is made out. The petitioner was directed to surrender within thirty days to expedite bail consideration.
Petition disposed of; quashing denied; liberty to apply for bail upon surrender within thirty days.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 35011 of 2018
Petitioner :- Subhash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shyam Narain Rai,Sandeep Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Certified copy of the FIR has been filed by the learned counsel for the petitioner which is taken on record.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 17.11.2018 registered as Case Crime No.760 of 2018, under Sections 4/5/6 & 23/25/26 of the Pre-Conception and Pre Natal Diagnostic Techniques Act, 1994 and Section 120-B IPC, P.S. Partapur, District Meerut.
It is submitted by the learned counsel for the petitioner that the petitioner is being unnecessarily harassed on the basis of false allegations made against him while prima facie no cognizable offence is made out.
Per contra learned contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner .
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
In the light of above observations, this petition is accordingly disposed of.
Order Date :- 4.12.2018 M. Tariq
1 issue framed by the court
Whether the FIR registered under the PCPNDT Act and IPC should be quashed given the petitioner's claim of false allegations.
2 provisions across 2 enactments
Subhash
State Of U.P.
2 Others
Naheed Ara Moonis
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
