Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 16896 of 2018 Petitioner :- Chandrika And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Pandey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,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 a prayer to quash the F. I. R. dated 24.12.2017 which has been registered as Case Crime No. 609 of 2017, under Sections-363, 366, 376, 120B IPC and Section 3/4 POCSO Act, police station Campierganj, district Gorakhpur so far it relates to the petitioners.
It has been submitted by learned counsel for the petitioners that the victim had gone with the co-accused Suresh and was living with him for more than three months. It is thus, argued that she is a consenting party and as the petitioners are maternal uncle and Aunt of Suresh, they have been falsely implicated in the present case by the respondent No.3 on general allegations. It is further contended that the allegation of offence under Section 376 IPC is upon Suresh and not the petitioners. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
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 hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 26.7.2018 faraz