Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 24297 of 2018 Petitioner :- Badhastbah Kamalu Hasan And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kameshwar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with the prayer to issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 27.07.2018 registered as Case Crime No. 130 of 2018, under Section 363, 366 I.P.C. and Section 8 of POCSO Act, P.S.- Bairria, District- Ballia.
It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged by respondent no. 2 falsely implicating the petitioners in the alleged missing of his daughter only on the basis of suspicion.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 5.9.2018 KS