Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 25419 of 2018 Petitioner :- Anshul Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawan Singh Pundir,Lokesh Kumar 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. 561 of 2018, under section-363 IPC at P. S.-Jhinjhana, district-Shamli.
It has been submitted by learned counsel for the petitioner that the petitioner is the sister of Ajay alias Bittan, who as per the F. I. R. allegations had kidnapped Km. Veeshu, minor daughter of respondent no.
3. As regards the petitioner, the only allegation made in the F. I. R. is that she had aided her brother Ajay alias Bittan in kidnapping of his minor daughter. He has further submitted that apart from the bald allegations made in the impugned F. I. R. there is no credible evidence, even prima facie, indicating at the petitioner's complicity in the commission of the alleged crime, hence the impugned F. I. R. which is a bundle of lies, is liable to be quashed qua the petitioner.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction that the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to her extending cooperation in the investigation.
Order Date :- 13.9.2018 HR