Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30316 of 2018 Petitioner :- Jugal Kishore Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 19.09.2018 registered as case crime no. 573 of 2018, under Sections 366, 342, 376-D, 370 IPC, P.S. Bahjoi, District -Bheem Nagar.
It is submitted by learned counsel for the petitioner that prosecutrix in her statement recorded under Section 164 Cr.P.C., Annexure No. 2 has stated that petitioner has not committed any wrong with her and entire allegations made by her are against the co-accused Ramveer and Dhalendar. Moreover, apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioner's complicity and hence the impugned FIR qua petitioner is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner. As far as the question of lack of evidence in support of the allegation made in the impugned FIR is concerned the same shall be collected during investigation and the impugned FIR 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 FIR, 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 :- 26.10.2018 AKT