Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 37457 of 2018 Petitioner :- Albert Ahirwar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manju Savita Counsel for Respondent :- G.A.,Ajay Singh Sengar,Divya Ojha
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Heard counsel for the petitioner, Sri Amit Kumar Srivastava alongwith Sri Vijay Singh Senger, learned counsel, who have put in appearance on behalf of respondent no.3 and Sri Rajesh Misrha, learned AGA appearing for the State.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; that initially the petitioner has lodged a FIR and subsequently a PIL was filed before this Court being Criminal Writ-PIL No. 13 of 2018, which was disposed of vide order dated 14.09.2018, copy of the order is annexed at page no.53 of the writ petition, on the basis of which the respondent no.4 was arrested. The order dated 14.09.2018 passed by this Court shows that in the said case, the learned Additional Government Advocate appearing for the respondent-State, on instructions, submitted that the Investigating Agency is making all efforts to arrest the accused persons named in the FIR dated 22.08.2018. The order also shows that the Additional Government Advocate, has submitted that the Investigating Agency would be able to arrest the accused within next 2-3 weeks. The respondents appear to be history-sheeters, having a lot of criminal cases pending against them including for the offence under Sections 302 and 307 IPC. However, in the said PIL a further direction was issued that the Investigating Officer is directed to inform the concerned Court if an application for bail/anticipatory bail is made by the accused persons in connection with this offence about pendency of this petition before the High Court. Initially thereafter, an application under Section 156(3) Cr.P.C. was filed against the petitioner, on the basis of which the present FIR has been lodged, in which the arrest of the petitioner is being sought.
Sri Amit Kumar Srivastava, appearing for the complainant/opposite party no.3 submits that it' is case of gang rape and the petitioner has failed to establish any connection between the respondent nos.3 and 4 and respondent no.4 might be having a long criminal history, but until and unless some links have been established between the respondent nos.3 and 4, it cannot be said that respondent no.3 is being used by respondent no.4 and on the basis of which the false FIR has been lodged.
In view of the contention as raised at the Bar of this Court, the matter requires fair and deeper investigation before any arrest can be effected. Accordingly, 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 police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
It is also been made clear, that in case, the police authorities come to the conclusion that the petitioner are not participating or cooperating with the investigation, they had liberty to file an application seeking modification of the order, before this Court itself.
Order Date :- 19.12.2018/VKG