Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5593 of 2019 Petitioner :- Ashraf And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ch. Dil Nisar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners 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. 28 of 2019, under Sections 363, 366, 368, 376, 506 IPC and 3/4 POCSO Act and Section 13(2) V SC/ST Act, P.S. Rampur Maniharan, District Saharanpur.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; petitioners have been falsely implicated in the present case solely on account of fact the petitioner no.1 happens to be father of the main accused Amzad @ Vishal and petitioner no.2 happens to be mother of Amzad @ Vishal; even if the statement recorded under Section 164 Cr.P.C. is believe to be true, the allegations are only against Amzad @ Vishal; reliance has been planced on the averments made in paragraphs 13 and 14 of the writ petition; in support of the contention the matter needs deeper and fair investigation before any arrest should be given affect.
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 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 petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioners shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible, preferably within three months from the date of production of certified copy of the order.
Order Date :- 28.2.2019 Mini