Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34732 of 2018 Petitioner :- Aashif Khan And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar,Amresh Bahadur Tiwari Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner(s) and learned A. G. A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 0235 of 2018, under Sections- 316, 376D, 377, 506 IPC, P.S.- Chandpa, District- Hathras.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); controversy involved in issue is matrimonial in nature; entire family members have been implicated on the basis of general allegation; a case under the domestic violence is pending before the court concerned, the proceedings under Section 125 Cr.P.C. is also pending before the court concerned and it only thereafter the present proceedings have been launched; 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 .
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.
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 present, 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.
Order Date :- 30.11.2018 Kuldeep