Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34718 of 2018 Petitioner :- Asha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sujata Choudhary,Mohit Kumar Singh Counsel for Respondent :- G.A.,Subhash Chandra Yadav
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
List has been revised.
Sri Subhash Chandra Yadav, Advocate is not present even in the revised list though he filed caveat in the present case. He was also not present in the first round.
This writ petition has been filed with the prayer to issue a writ order or direction in the nature of the certiorari quashing the impugned FIR dated 10.08.2018 which has been registered as Case Crime No.388 of 2018 under Sections 363, 366-A, 376-D, 323, 342, 506 IPC and 3/4 POCSO Act Police Station Hastinapur, District Meerut.
Heard Ms. Sujata Choudhary learned counsel for the petitioner and Ms. Sayukta Singh, learned AGA for the State.
The contention of the learned counsel for the petitioner is that the petitioner is a woman and happens to be Chachi of the main accused and only on this ground she has been implicated in the present case, otherwise she has no role to play in the controversy involved in issue. She is a house- wife with no previous criminal history; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be .
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co- operate with the investigation and the police authorities are directed to complete the investigation as early as possible.
It is made clear that solely on the ground that the petitioner is a woman and a house wife with no criminal history, this Court has granted indulgence in her favour, however the case of other accused is being distinguished.
Order Date :- 30.11.2018 saqlain