In the instant petition, the petitioners sought quashing of the FIR dated 14.08.2020 registered under Sections 354, 323, 504, 506, 34 of the IPC and Section 8, 12, 21 of POCSO Act at Police Station Budhana, Muzaffarnagar.
Hon’ble Allahabad High Court has dismissed the petition filed by petitioner no.1.
But Petitioners No.2 to 5 have been granted anticipatory bail.
Two main allegations in the FIR.
Two-part allegations have been in the FIR, the first allegation is against petitioner no. 1 (Minajhuddin Siddiqui) and relates to child abuse.
The second allegation is against the entire family of petitioner no.2, and it is allege that they gang up against the petitioner.
FIR was lodged to pressurise petitioner no.5, who is a famous actor: Counsel for the petitioner.
Learned Counsel for the petitioner has stated that the allegations made in the FIR are false and frivolous.
The Counsel further argued that the FIR was lodge just to extract a favourable settlement from the petitioner no. 5, who is a film actor.
Counsel for the respondents opposes quashing of the FIR.
Learned AGA opposed the quashing of the FIR and submitted that there are specific allegations of child abuse against petitioner No.5
and other serious allegations against the entire family.
Nawazuddin Siddiqui and family Gets Relief from arrest till the submission of Police report.
The Division Bench of the Allahabad High Court held that as the allegations against petitioners No.2- 5 were general in nature, they are exempted from getting arrested till the submission of Police Report under Section 173(2) CrPc.
However, the petition of petitioner no.1 was dismissed due to serious allegation of child abuse were levelled against him.
Title: Minajhuddin Siddiqi And 4 Others vs State Of UP And 3 Others
Case No.: CRIMINAL MISC. WRIT PETITION No. – 11431 of 2020
Date Of Order: 22.10.2020
Coram: Hon’ble Justice Manoj Misra and Hon’ble Justice Sanjay Kumar Pachori
Counsel for Petitioner :- Abhishek Yadav
Counsel for Respondent :- G.A.