Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34583 of 2018 Petitioner :- Haseena And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Shukla Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Sri Sanjay Shukla, 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.0116 of 2018, under Sections 376, 354, 294, 328, IPC, Police Station Tiwaripur, Districh Gorakhpur.
Looking to the nature of allegation as has been made in the FIR, no fruitful purpose will be served to keep the matter pending before this Court. Accordingly the present petition is disposed of with the following directions:-
(i) As far as the petitioner no.1 namely Haseena is concerned the contention is that she is happens to be the sister of petitioner no.2 namely Saddam and the case as setup by the persecution against her is highly improbable. Accordingly, we dispose of this writ petition on behalf of the petitioner no.1 namely Haseena, with the direction that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
(ii) As far as the petitioner no.2 namely Saddam is concerned the contention is that he has been named in the FIR; specific role has been assigned to him; even nothing contrary has been shown by the counsel for the petitioners. Accordingly, we dispose of this writ petition on behalf of the petitioner no.2 namely Saddam, with the direction that in case he appears and surrenders before the courts below and applies for bail, his prayer for bail shall be considered and decided expeditiously.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 30.11.2018/VKG