Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11075 of 2019 Petitioner :- Fayyaj And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nazrul Islam Jafri,Sadaful Islam Jafri Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioners 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. 208 of 2019, Under Sections 377, 323, 504 I.P.C. and Section 5m and 6 of Protection of Children From Sexual Offences Act, 2012, Police Station Baghpat, District Baghpat.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; initially the F.I.R was lodged under Section 3/7 Essential Commodities Act, 1955 in which the police has submitted final report but after almost two years an order for further investigation has been passed; 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 .
We have perused the FIR which shows that sixty motorcycles are said to be missing and they were loaded in the presence of petitioners. Therefore, no case for grant of any indulgence has been made out.
Reference may be made to the judgment of the Apex Court rendered in the case of R. Kalyani v. Janak C. Mehta and Others reported in 2009 (1) SCC 516. The said decision has also been followed by the Apex Court in the case of Kamlesh Kumari and Ors. v. State of U.P. and Ors. reported in 2015 AIR SCW 3700.
After hearing learned counsel for the parties and after perusing the impugned FIR and keeping in view the law as laid down by the Apex Court in the aforementioned cases, the Court is of the opinion that no case for grant of any indulgence is made out.
However, without expressing any opinion on the merits of the case, it is directed that in case the petitioners appear and surrender before the courts below and applies for bail within two weeks from today, their prayer for bail shall be considered and decided expeditiously.
With the aforesaid direction, the instant writ petition is disposed of finally.
Order Date :- 26.4.2019 Swati