Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5380 of 2019 Petitioner :- Dileep Kumar Upadhayay Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bipin Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and Ms. Sanyukta Singh, 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.25 of 2019, under Sections 376, 506 I.P.C., P.S. Munderwa, District Basti.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; contention is that the first information report has been lodged in pursuance of an application under Section 156 (3) Cr.P.C.; first information report shows that it has been lodged with the allegation that the victim has been sexually exploited with the promise of help in litigation and solemnizing the marriage; victim herself is the first informant, she is married woman having two children and 36 years of age; it is apparent from the first information report itself that the victim is in a consensual relationship since 2013; much reliance has been placed on the averments made in paragraph nos.8-A and 8-B and paragraph nos.9 and 10 of the writ petition; 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.
After having heard the submissions advanced by learned counsel for the parties present 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 the police authorities are directed to complete the investigation as early as possible.
Order Date :- 26.2.2019 R./