Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16610 of 2019 Petitioner :- Amardeep And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohit Kumar Singh,Sujata Choudhary Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Ms. Sujata Choudhary, learned counsel for the petitioners, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 29.5.2019 registered as case crime no. 439 of 2019, under Sections 363, 342, 376, 323, 504, 506, 120-B IPC., P.S. Kankerkhera, District Meerut.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 4 roping in the entire family of petitioner no. 1 containing absolutely false, concocted, vague and sweeping allegations against them that they were assisting the petitioner No. 1 in commission of offence of rape and they were given her assurance of marriage with petitioner No. 1. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 2 to 8 hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos. 2 to 8 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Kamarjahan