Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5061 of 2019 Petitioner :- Dilshad And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Sunil Kumar Tiwari, learned counsel for the petitioners 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.448 of 2018, under Sections 147, 452, 323, 328, 120-B, 504, 506, 376, IPC and 67-b of Information Technology Act, 2008, Police Station Kairana, District Shamli.
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 petitioner nos.1 and 2 happens to be the brother and sister-in-law of the main accused Meharban, respectively, against whom the allegation of rape has been made by the complainant; that the main accused Meharban is not a party in the present writ petition; that the victim is the first informant herself and she is an adult aged about 20 years; that the incident is of year 2016 and the present FIR was lodged in the year 2018; that the girl was in a consensual relationship with Meharban for the last two years; that the allegation is that the girl was sexually exploited under the garb of promise to solemnize the marriage; that the matter needs a deeper and fair investigation before any arrest could 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 petitioners 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 petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners 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 :- 25.2.2019 VKG