Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5595 of 2019 Petitioner :- Ajay Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
The exemption application is allowed.
Heard learned counsel for the petitioner and Sri R.K. Maurya, 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. 114 of 2018, under Sections 363 and 376 IPC, P.S. Karari, District Kaushambi.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; petitioner has been implicated on the basis of general allegation; the alleged victim is an adult and she was in a consensual relationship with the petitioner; she has solemnized marriage with the petitioner of her own free will; affidavit of marriage has been annexed on page 22 of the writ petition; reliance has been planced on the averments made in paragraph 4, 5 and 8 of the writ petition; in support of his contention the matter needs deeper and fair investigation before any arrest should be given affect; 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 petitioners 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 quashed.
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 shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible, preferably within three months from the date of production of certified copy of the order.
Order Date :- 28.2.2019 Mini