Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 25708 of 2018 Petitioner :- Deepu And 02 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Santosh Kukmar Tiwari Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 16.07.2018 registered as Case Crime No. 327 of 2018, under Sections 363 and 366 I.P.C., P.S. Roza, District Shahjahanpur.
It has been submitted by the learned counsel for the petitioners that prosecutrix, Rubi as per her radiological examination report is major and she in her statement recorded under Section 164 Cr.P.C. has not supported the prosecution case (Annexure-3) and it cannot be said that the petitioners have committed any cognizable offence. Moreover apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioners complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 17.9.2018 SA