Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34701 of 2018 Petitioner :- Furkan Ahamd Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhiraj Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner(s) 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.286 of 2018 u/s 366, 368, 376, 342, 313 and 506 IPC PS Behat District Saharanpur.
Learned counsel for the petitioner(s) submitted that the petitioner was not named in the FIR, however his name has cropped up in the statement of the girl recorded under Section 164 Cr.P.C. but she has not named him as rapist; the main accused in the present case is Shahbaz; reliance has been placed on the averments made in para 6,7,8 and 9 of the writ petition; reliance has also been placed on the order of co-accused which is at page 44 of the writ petition, contents of which are self explicit; 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 and also in view of the law laid down by the Apex Court in the case of Sachin Pawar vs. State of U.P. passed in criminal appeal no. 1142/2013 decided on 2.8.2013, 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 as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 30.11.2018/SP