Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33739 of 2018 Petitioner :- Gulab Chandra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Sachan Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 12.11.2018 registered as Case Crime No. 385 of 2018, under Sections 363, 366 I.P.C. and 7/8 Protection of Children From Sexual Offence Act, P.S.-Madiyahun, District- Jaunpur.
It is submitted by the learned counsel for the petitioner that the F.I.R dated 12.11.2018 has been lodged by respondent no.4, Smt.Meera, who is wife of one Ramesh Pratap containing false and concocted allegations against the petitioner with ulterior motive. It is submitted that respondent no.4 is not legally wedded wife of Kapil Dev as alleged in the F.I.R. Prior to lodging F.I.R by the respondent no.4, Ramesh Pratap had sent complaint dated 26.10.2018 against Kapil Dev to the S.P. Jaunpur.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in the above-mentioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 26.11.2018 SKD