Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1685 of 2019 Petitioner :- Chotu @ Jugal Kishore Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Binod Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner 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. 360 of 2018, under Sections 363, 366, 376D, 368 IPC and 4 POCSO Act and 3(2) V SC/ST Act, P.S. Aliganj, District Etah.
Learned counsel for the petitioner 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; petitioner has been implicated on the basis of general allegation; reliance has been placed on the statements of girl recorded under Sections 161 and 164 Cr.P.C., copy of which have been annexed at pages 39 and 43 respectively; as per the school certificate the date of birth of the girl is 5.6.2001; much reliance has been placed upon paragraph nos. 14 to 18 of the writ petition; 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.
Having heard the submissions advanced by learned counsel for the parties 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 and also in view of the law laid down by the Apex Court in the case of Sachin Pawar vs. State of U.P. passed in criminal appeal no. 1142/2013 decided on 2.8.2013, 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 police authorities shall conclude the investigation, preferably within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 22.1.2019 Mini