Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5326 of 2019 Petitioner :- Faim Ansari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 18.2.2019 registered as Case Crime No. 0025 of 2019 under section 363, 366, 506 I.P.C, P.S. Shergarh District Bareilly.
Learned counsel for the petitioner submits that on the allegations made in the F.I.R. itself, there appears to be a consensual relationship between the petitioner and the daughter of the respondent no.3 inasmuch as the victim herself left her home with ornaments and Rs.22,000/- in cash on 12.2.2019 but eventually came to be recovered next day on 13.2.2019, allegations are malafidely motivated, no offence is made out, F.I.R. be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 26.2.2019 Ram Murti