Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15377 of 2019 Petitioner :- Ashok Yadav @ Ashok Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- K.K. Tripathi Counsel for Respondent :- G.A. Hon'ble Vipin Sinha,J.
Hon'ble Pankaj Bhatia,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner(s) and Km Meena, 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. 246 of 2019 u/s 363, 366 IPC PS Bidhanoo District Kanpur Nagar.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioner(s); reliance has been placed on the statement of the girl under Section 164 CrPC, copy of which has been annexed at page 5 of the supplementary affidavit dated 29.5.2019; the petitioner has been falsely implicated on account of the fact that there is previous enmity with regard to monetary dispute between the petitioner and the family members of the girl; the matter needs deeper and fairer investigation before any arrest should be given effect to and the petitioner(s) will participate and cooperate with the investigation; 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 petitioner(s) 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.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co- operate with the investigation and police authorities shall conclude the investigation as expeditiously as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 30.5.2019/SP