Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15621 of 2019 Petitioner :- Azmat Ali And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ujjawal Satsangi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner(s) 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. 0111 of 2019, under Section 363, 366 IPC, P.S.- Jawan, District- Aligarh.
Learned counsel for the petitioner(s) submitted that the girl has eloped with main accused Shajad and the petitioners have been implicated in the present solely on account of the petitioners being family members of the main accused, the main accused is not a party in the present writ petition; matter requires deeper and fairer investigation before any arrest should be given effect to and the petitioner will participate and co-operate 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.
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 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 the police authorities are directed to complete the investigation as early as possible. Police authorities are also directed to ensure the recovery of the girl in there is no legal impediment.
Order Date :- 31.5.2019 Kuldeep