Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 21826 of 2018 Petitioner :- Hasmat And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar,Sudhir Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Supplementary affidavit filed by the petitioner today is kept on record.
Heard learned counsel for the petitioner and learned A.G.A for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 16.07.2018 registered as Case Crime No. 464 of 2018, under Sections 366, 376 I.P.C. P.S.- Partapur, District- Meerut.
It is submitted by learned counsel for the petitioners that the prosecutrix Smt. Anisha, in her statement recorded under Section 164 Cr.P.C., copy whereof has been brought on record as Annexure no. SA-1, to the supplementary affidavit, has not made any allegation against the petitioners. The allegations regarding offences under Section 366 and 376 I.P.C. made by her in her statement under Section 164 Cr.P.C. are confined to Smt. Nisha and Arjun. In view of the above no cognizable offence against the petitioners is made out and the impugned F.I.R. is liable to be quashed qua the petitioners. It is next submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 24.8.2018 Rahul.