Saroj Yadav, J. - (1.) Heard Shri Jyotindra Mishra, Advocate assisted by Shri Kapil Misra on behalf of petitioners as well as learned Additional Government Advocate for the State.
(2.) This writ petition has been filed challenging the first information report no.0486/2020 dated 14.11.2020, under Sections - 376, 314, 504, IPC and 3/4 D.P. Act, 1961 lodged at police station - Bakshi Ka Talab, District - Lucknow.
(3.) Learned counsel for the petitioner submits that totally false and frivolous case has been lodged against the petitioners in order to harass them. The informant on her own has developed physical relationships with the petitioner no.1 and as such the offence under Section - 376 IPC is not made out against the petitioner no.1. It is submitted that petitioner no.2 is the mother of petitioner no.1 whereas petitioner no.3, 4, 5 and 6 are close relatives of petitioner no.1 being sister, aunt and uncle. It is submitted that the petitioner no.2, the mother of petitioner no.1 had also lodged first information report as case crime no.0485 dated 13.11.2020, under Section- 384 IPC against the informant, her mother and brother. The impugned FIR had been lodged in counterblast. In support of his submission, learned counsel for the petitioner had relied on the following orders/ judgment:- (i)Order dated 16.11.2018 passed in Writ Petition No.33226 (MB) of 2018. (ii)Dr. Dhruvaram Murlidhar Sonar vs. State of Maharashtra, 2018 SCC OnLine SC 3100 passed in Criminal Appeal No.1443 of 2018. (iii)Maheshwar Tigga vs. State of Jharkhand, 2020 SCC OnLine SC 779 passed in Criminal Appeal No.635 of 2020. (iv)Pramod Suryabhan Pawar vs. The State of Maharashtra passed in Criminal Appeal No.1165 of 2019. ;