Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 7973 of 2018
Petitioner :- Smt. Arpita And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Bharti
Counsel for Respondent :- G.A.,Pradeep Kumar
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard Sri Sudhir Bharti, learned counsel for the petitioners, Sri Pradeep Kumar VI, learned counsel for the opposite party no. 4 and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 47 of 2018, under Sections- 363, 366 IPC, P.S. Khadda, District Kushinagar.
Learned counsel for the petitioners submitted that the petitioner no. and 1 and 2 are husband and wife and impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; entire family members have been implicated in the present case on the basis of general allegations; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
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.
Sri Pradeep Kumar VI, learned counsel for the respondent no.4 has filed counter affidavit on behalf of the respondent no.4 along with statement recorded under Section 164 Cr. P.C. of victim, copy of which has been annexed as Annexure-CA-1 to the counter affidavit, contents of which are self explicit.
In view of the statement of the girl under section 164 Cr. P.C., no case for grant of indulgence has been made out.
So far as petitioners are concerned, the following order is being passed;
After hearing learned counsel for petitioners and learned AGA, it is directed that in case, petitioners appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 45 days from today or till petitioners surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
Order Date :- 28.5.2018 T.S.