Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 32024 of 2018 Petitioner :- Gurjeet Singh And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harikesh,Anil Kumar Srivastava 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 12.06.2018 registered as Case Crime No. 73 of 2018, under Section 363, 366, 506 I.P.C., P.S.- Hajara, District- Pilibhit.
It is submitted by the learned counsel for the petitioners that the impugned F.I.R. has been registered against the petitioners who are the real brothers of co-accused Baljeet Singh pursuant to an order passed on the application moved by the respondent no. 3 u/s 156 (3) Cr.P.C. after six months of the incident roping in the entire family of Baljeet Singh. It is next submitted that petitioner nos. 1 to 6 are the real brothers and sisters of Baljeet Singh and apart from the general allegations made in the impugned F.I.R. that they had connived with the co-accused Baljeet Singh in enticing away and kidnapping his minor daughter, no credible evidence is forthcoming even prima facie, indicating at the complicity of the petitioners and their case is clearly distinguishable from that of co-accused Baljeet with whom the daughter of the respondent no. 3, has eloped and hence, the impugned F.I.R. which is a bundle of lies is liable to be quashed.
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 petitioners shall not be arrested in the abovementioned 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 KS