Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15310 of 2019 Petitioner :- Dhaniram And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Kant Vishwakarma Counsel for Respondent :- G.A.,Rakesh Dubey
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Exemption application is allowed.
Supplementary affidavit filed today is taken on record.
Heard Sri Krishna Kant Vishwakarma, learned counsel for the petitioners, Sri Rakesh Dubey, learned counsel for the caveator and Sri Rajesh Mishra, 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. dated 18.05.2019 which has been registered as Case Crime No.0450 of 2019, under Sections 363, 366, IPC, Police Station Ghatampur, District Kanpur Nagar.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; that the petitioners are the family members of the main accused Atul with whom the girl is said to have been eloped; that the petitioners has no roll to play the controversy in issue; that the matter needs a deeper and fairer investigation before any arrest should be given effect to; 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 counsel for the complainant as well as the learned A.G.A. have submitted that as per the FIR the girl is minor aged about 16 and has not yet been recovered. They further submits 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.
Looking to the nature of the controversy in issue, no purpose will be served in keeping the matter pending before this Court any further. Accordingly the writ petition is disposed of with the following directions:-
(i) As far as the petitioner no.1, namely Baijnath, is concerned, he is a senior citizen, aged about 74 years, as mentioned in paragraph no.8 of the writ petition, this petition is finally disposed of with a direction that he shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner nos.2 and 3 shall participate and co-operate with the investigation and police authorities shall conclude the investigation, as early as possible.
(ii) As far as the petitioner nos.2 and 3, namely Indrajeet and Chandrajeet are concerned, this petition is finally disposed of with a direction that if the petitioner nos.2 and 3, are appear and surrenders before the courts below and applies for bail within two weeks from today, their prayer for bail shall be considered and decided expeditiously, in accordance with law.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 30.5.2019 VKG