Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 20146 of 2018 Petitioner :- Anil Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dwijendra Prasad Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This petition has been filed by the petitioner with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 31 of 2018, under sections-498-A and 307 IPC at P. S.-Eka, district-Firozabad.
It has been submitted by learned counsel for the petitioner that in the F. I. R. of the incident, which was lodged by the respondent no. 3, who is the wife of petitioner itself, the petitioner was not nominated as an accused. The allegations made in the F. I. R. were confined to his other family members. The name of the applicant as an accused surfaced for the first time in the statement of the respondent no. 3 recorded u/s 161 Cr. P. C. without any explanation as to why she had failed to nominate the applicant in the F. I. R., which indicates that this is clearly an afterthought. Moreover, the named accused have been granted protection by this Court against their arrest till submission of police report by the order dated 9.5.2018 passed by this Court in Criminal Misc. Writ Petition No. 11952 of 2018. He has further submitted that apart from the bald allegations made in the F. I. R. and wholly unreliable statement of the prosecutrix recorded under Section 161 Cr. P. C., no credible evidence, whatsoever, is forthcoming indicating at the complicity of the petitioner in the commission of the alleged crime, the impugned f. I. R. is liable to be quashed.
Per contra, learned A. G. A. has submitted that the impugned F. I. R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioner.
After having heard learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we are not inclined to quash the same.
However, considering the submissions made by learned counsel for the petitioner and the nature of allegations made in the impugned F. I. R., it is directed that till the submission of police report under Section 173 (2) Cr. P. C. or till credible evidence is collected, the petitioner shall not arrested in the aforesaid case.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 27.7.2018 HR