Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 37376 of 2018 Petitioner :- Devendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Poonam Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,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.0575 of 2018, under Sections 363, 376, 506, IPC, and 3/4 Protection of Children from Sexual Offence Act, Police Station Sahaswan, District Budaun.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; that even as per the FIR itself it has been mentioned that it was the accused who has dropped the girl/alleged victim at the police station; further contended that vied order dated 19.12.2018 passed by this Court, the learned AGA was directed to seeks instruction in the matter and today when the case has been taken up, the Court has been informed by the learned AGA that the medical of the girl was done and the medical report, which has been produced by the learned AGA before the Court today, shows that there are no injuries on the body of the victim and the medical examination report does not support the case of prosecution as set up in the FIR; that the matter requires fair and deeper investigation before any arrest can be effect to. Further contention of the counsel for the petitioner is that 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, 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 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 :- 21.12.2018 VKG