- (1.) Heard Sri Kripa Shanker, learned counsel for the petitioners, Sri Vikas Sahai, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
(2.) This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 18.12.2017 registered as Case Crime No.400 of 2017, under Sections 363, 366, 376D I.P.C., Police Station Ahraura, District Mirzapur.
(3.) It has been submitted by the petitioners that the petitioner no.1 is father of petitioner no.2 and petitioner no.3 is a resident of the village of petitioner no.2 and the allegation which has been levelled against the petitioners that the victim who is a married lady having children had voluntarily gone with petitioners at Goa and remained with them for some time and thereafter it is alleged that they committed rape on her, is absolutely false, frivolous and baseless. He further submits that since the petitioner no.1 and 2 are father and son, hence, the allegation for committing rape on the victim respondent no.3 by them appears to be highly improbable. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence.He next argued that the impugned FIR has been lodged after about 2-1/2 months of the incident on the basis of an application under Section 156(3) Cr.P.C.;