Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 19428 of 2018 Petitioner :- Arpita And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Mishra,Amitabh Patel,Raj Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Supplementary affidavit filed today is kept on record.
Heard learned counsel for the petitioners and learned A.G.A. for the State respondent nos.1 and 2.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 14.07.2018 registered as Case Crime No.598 of 2018, under Sections 363, 366 and 506 I.P.C., Police Station Sorawn, District -Allahabad.
It is submitted by learned counsel for the petitioners that prosecutrix in her statement recorded under Section 164 Cr.P.C., copy whereof is annexed as Annexure S.A.1 to the supplementary affidavit filed today, has not supported the prosecution version. Therefore, it cannot be said that the petitioners have committed any cognizable offence. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating their complicity in the commission of the alleged crime and for the aforesaid reason the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners. As far as the question of lack of evidence in support of the allegation made in the impugned FIR is concerned the same shall be collected during investigation and 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 and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 25.9.2018 Anand Sri./-