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Dharmendra And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|21 February, 2019


Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 4845 of 2019 Petitioner :- Dharmendra And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner(s) and Sri Patanjali 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. which has been registered as Case Crime No. 0018 of 2019 under Sections 376 and 506 IPC PS Baruasagar District Jhansi.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; victim herself is the first informant and she is an adult; apparently as per the FIR itself the victim was in consensual relationship with the petitioner no.1 Dharmendra even though it has been alleged that she has been sexually exploited under the garb of promise to marry by petitioner no.1 Dharmendra; contention is that matter needs fair and deeper investigation before any arrest should be given effect to; 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(s) 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(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co- operate with the investigation and police authorities shall conclude the investigation as expeditiously as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 21.2.2019 SP
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Dharmendra And Others vs State Of U P And Others


High Court Of Judicature at Allahabad

21 February, 2019
  • Vipin Sinha
  • Anil Kumar Verma