Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26750 of 2018 Petitioner :- Farida And 09 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Ratnesh Kumar Jaiswal Counsel for Respondent :- G.A.,Shri Prakash Dwivedi
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Shri Prakash Dwivedi, learned counsel appearing for the respondent no. 4.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 17.4.2018 registered as Case Crime No. 127 of 2018, under Sections 363 and 366A I.P.C., P.S. Kotwali, District Mirzapur.
Learned counsel for the petitioners submitted that the petitioners are neither named in the F.I.R. nor in the statement of the witnesses recorded during investigation and they have been arraigned as accused by the Investigating Officer of this case with the malafide intention of harassment merely on account of the fact that son of petitioner no. 1, Mohd. Imtiyaz Khan had kidnapped the daughter of the respondent no. 4 and both are missing. There is no credible evidence on record even prima facie indicating at the petitioners' complicity in the commission of the alleged crime and hence the impugned F.I.R. qua the petitioners is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, 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 petitioners 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 :- 25.9.2018 SA