Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17204 of 2019 Petitioner :- Jabir Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Singh Sengar,Thakur Prasad Dubey Counsel for Respondent :- G.A.,Vikrant Gupta
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard the learned counsel for the petitioner and Shri Vikrant Gupta on behalf of respondent no. 4.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 13.5.2019 registered as Case Crime No.189 of 2019, under Sections 363, 366 I.P.C. PS- Tanda, District Rampur.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no.3 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. He further submitted that 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 in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
It is submitted by learned counsel for the petitioner that the sister of the respondent no.4 has performed marriage with the petitioner according to the Muslim rites and customs out of her free will and her statement under Section 164 was recorded by the Chief Judicial Magistrate concerned where she has deposed that she has voluntarily married with the petitioner and also willing to go along with him. Hence from the allegations contained in the first information report, no prima facie case offense is made against the petitioner.
However, learned counsel for the complainant has submitted that sister of respondent no.4 has been given custody by a judicial order who has been enticed away by the petitioner forcibly from her parental house as such petitioner does not deserve any indulgence.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that he shall co- operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 25.6.2019 Jyotsana