Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30491 of 2018 Petitioner :- Ajay Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surya Pratap Singh Parmar,Suresh Chandra Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Supplementary affidavit filed on behalf of the petitioner in the Court today is kept on record.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 27.09.2018 registered as Case Crime No. 560 of 2018, under Section 376, 377, 328, 506 I.P.C., P.S.- Link Road, District- Ghaziabad.
It is submitted by learned counsel for the petitioner that from the perusal of the facts stated by the prosecutrix Rajni Sharma in her statement recorded u/s 164 Cr.P.C., copy whereof has been brought on record as Annexure No. 1 to the supplementary affidavit filed in the Court today, it is apparent that she is aged about 29 years and is a married lady. She is a consenting party and has voluntarily entered into the physical relationship with the petitioner. Moreover, apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, 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 :- 30.10.2018 KS