Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7594 of 2018 Petitioner :- Dablu Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Santosh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,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 a prayer to quash the F.I.R. dated 2.5.2017 lodged in Case Crime No.82 of 2017, under Sections 354,354B I.P.C. and 7/8 of POCSO Act. Police Station Sikariganj District Gorakhpur.
Learned counsel for the petitioner contends that this F.I.R has been lodged against the petitioner as a counter blast to the F.I.R. lodged by the petitioner against the father of the respondent no.3. The petitioner came to know about his implication in the said crime without there being any credible evidence against him in commission of alleged offence. 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 petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner 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 :- 28.3.2018 R