Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11237 of 2019 Petitioner :- Ajay Narayan Yadab @ Golu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioner and Sri V.K. Pandey, learned AGA for the State.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 0041 of 2019 u/s 363, 366 IPC PS Kotwali District Varanasi.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case; he has been made an accused on the basis of the FIR lodged by the father of the girl; reliance has been placed on the statement of the girl recorded under Section 164 CrPC, copy of which has been annexed at page 25 of the writ petition; the girl herself has given an affidavit before the SSP Varanasi, copy of which has been annexed at page 31, wherein she has denied the entire prosecution story and she has also refused for her medical examination; reliance has been placed on the application given by the girl to the SSP Varanasi, copy of which has been annexed at page 34; reliance has also been placed on the notary affidavit given by the girl before the SSP Varanasi, copy of which has been annexed at page 36. Learned counsel for the petitioner has also placed reliance upon the affidavit given by the first informant himself, copy whereof has been annexed at page 27, wherein the first informant says that "prarthi ne jaan bujh kar yah FIR nahi likhwaya hai balki ghabrahat me galat suchna thane par diya hai. Prarthi jab thane par gaya aur thane par bataya ki meri ladki ghar par hai. Wah darshan karne gayi thi, meri darkhwast wapas kar dijiye to deewan ji ne kaha FIR likha ja chuka hai, wapas nahi hoga aur aage karyawahi hogi and mukadma chalega." Contention is that chances of this FIR being taken to its logical conclusion and trial being ended in conviction are rare rather the petitioner is being unnecessary harassed under the garb of investigation.
In view of the aforesaid facts and circumstances, no purpose would be served in permitting the investigation to continue in pursuance of impugned FIR and in permitting the police authorities to harass the petitioner under the garb of fair investigation. It would be nothing but a sheer abuse of the process of law.
Accordingly, the writ petition stands allowed. The impugned FIR registered as Case Crime No. 0041 of 2019 u/s 363, 366 IPC PS Kotwali District Varanasi is hereby quashed. Consequences to follow.
However, liberty is given to the respondents that in case subsequently it is found that some facts have been concealed or fabricated documents have been annexed with the writ petition, they may file a recall application before this Court itself.
Order Date :- 29.4.2019 SP