Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5352 of 2019 Petitioner :- Julfikar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sumit Goyal Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner 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.384 of 2017, under Sections 452, 376(2)(i), 323, 506 I.P.C. & 3/4 POCSO Act, P.S. Behat, District Saharanpur.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; contention is that to the query of the Court is with regard to the delay in filing of the writ petition is to the effect that even though the first information report was lodged on 26.08.2017 in pursuance of an application under Section 156(3) Cr.P.C. but initially the police after investigation submitted the final report; thereafter the protest petition was filed which was allowed vide order dated 12.10.2018 and an order of further investigation was passed and in pursuance of the further investigation the police is harassing the petitioner; much reliance has been placed on the averments made in paragraph nos.5, 6, 7 and 8 of the writ petition and the challani report, copy of which has been annexed on page no.29 of the writ petition; further contention is that the medical itself has been done after eleven months; 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 alleged offence and hence the impugned F.
I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
Thus in view of the aforesaid facts and circumstances, a case of grant of indulgence has been made out.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner shall not be arrested in pursuance of the order dated 12.10.2018 till submission of police report under Section 173 (2) Cr.P.C., however, petitioner shall participate and co- operate with the investigation and the police authorities are directed to complete the investigation as early as possible.
Order Date :- 26.2.2019 R./