Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 2754 of 2019 Petitioner :- Dinesh Kumar Patel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlendra Tripathi,Vinod Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,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. 700 of 2018, under Sections 376, 313, 504, 506 IPC and 3(2) (V) SC/ST Act, 1989, P.S. Mauaima, District Prayagraj.
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; petitioner has been implicated on the basis of general allegation; even if the prosecution story as set up in the first information report is believe to be true, the allegation is that the victim has been sexually exploited by the petitioner by giving a false promise of performing marriage with her and to get a job; the alleged victim was in a consensual relationship for last more than four years, much reliance has been placed on the averments made in paragraph nos. 10, 11, 14 and 16 of the writ petition; reliance has also been placed the order passed in the case of co-accused, copy of which has been annexed on page 24 of the writ petition.
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 :- 31.1.2019 Mini