Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10498 of 2018 Petitioner :- Smt. Chhunna @ Gayatri Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- P.K. Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 17.03.2018 registered as Case Crime No. 0130 of 2018, under Section 363, 366, 368, 370, 323 IPC and Section 7/8 of Protection of Children From Sexual Offences Act, P.S.- Sachendi, District- Kanpur Nagar.
Learned counsel for the petitioner has submitted that the petitioner has been named in the FIR, which has been lodged in pursuance of an application under Section 156(3) CrPC; the statement under Section 164 CrPC of the victim is on page no.21 of the writ petition.
Learned counsel for the petitioner has further submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; entire family members have been implicated on the basis of general allegation; 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 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 shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible.
Order Date :- 24.4.2018 Nadim