Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33633 of 2018 Petitioner :- Abdulla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Upadhyay Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Learned counsel for the petitioner is permitted to correct the prayer clause of the writ petition.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. dated 8.9.2018 registered as Case Crime No.188 of 2018, under Sections 377, 511, 504, 506 IPC and 7/8 POCSO Act, P.S.- Deogaon, District- Azamgarh.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no.3 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. He further submitted that 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 in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 26.11.2018 Shalini