Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34686 of 2018 Petitioner :- Faisal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pushpendra Singh,Abhitosh Mishra Counsel for Respondent :- G.A.,Rajesh Kumar Pandey Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner(s), learned A.G.A. for the State and Sri Rajesh Kumar Pandey learned counsel for respondent no.3.
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. 1452 of 2016 u/s 328,376,323,504,506 PS Kotwali Nagar District Bulandshahr.
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 if the first informant of the case and though she has given her statement under Section 164 Cr.P.C. which is at page 22, contents of which are self explicit, but nevertheless the fact remains that the police after investigation submitted final report; it has also come on record that there is no video clipping; on protest petition an order has been passed for further investigation; it has been mentioned in para 19 of the writ petition that investigation has not been concluded till date and is still going on; 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 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 :- 30.11.2018/SP