In this criminal miscellaneous writ petition, the petitioners sought quashing of an FIR alleging sexual offences. The court held that correctness of allegations is not to be tested in writ jurisdiction and dismissed the petition while granting liberty to apply for bail.
Petition dismissed with liberty to apply for bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 14342 of 2019
Petitioner :- Menaz Ahamad And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Parvesh Kumar Pandey,Sarvesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos. 1, 2 & 3; and perused the record.
The instant petition seeks quashing of the FIR dated 09.05.2019 registered as Case Crime No. 0131 of 2019, under Sections 376-D & 506 I.P.C. and 3/4 The Protection of Children from Sexual Offences (POCSO) Act, 2012, Police Station Lohta, District Varanasi.
The allegations in the impugned First Information Report, which has been lodged by the victim, Salma, is that earlier the victim had lodged a case against her husband in respect of sexual assault on her daughter and, thereafter, her husband, alongwith others came, and sexually assaulted her and threatened her with dire consequences if she does not withdraw the earlier case.
The contention of the learned counsel for the petitioners is that the petitioners have been falsely implicated.
As correctness of the allegations is not to be tested, ordinarily, in the writ jurisdiction, on the grounds taken, the prayer to quash the F.I.R. cannot be accepted.
The petition is dismissed with liberty to the petitioner to apply for bail, if so advised.
Order Date :- 27.5.2019
Vibha Singh
2 issues framed by the court
Whether the prayer to quash the FIR can be accepted on the grounds taken by the petitioners.
Whether the petition seeks proper grounds for quashing an FIR based solely on false implication allegations.
Menaz Ahamad and 3 Others
State of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
