Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 5607 of 2021 Petitioner :- Kalim Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Singh Parmar Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
By means of the present writ petition, the petitioner is seeking to quash the impugned First Information Report dated 11.5.2021 in case crime no. 104 of 2021, under sections 363, 366 I.P.C. police station Jahanganj District Farrukhabad.
The contention of the learned counsel for the petitioner is that he has been falsely implicated in the present matter on account of the dispute over a Nali which runs beside the house of the petitioner and the complainant.
The statement of the girl/victim recorded under section 164 Cr.P.C. on 17.5.2021 indicates that she (victim) did not go with the petitioner herein, and at no point of time the petitioner had removed the girl from the custody/guardianship of her parents.
The instructions received by the learned A.G.A. shows that the said statement of the victim/girl, appended as annexure -'2' to the writ petition, is correct.
Looking to the above facts and the material before us, we only provide that the petitioner shall not be arrested till submission of the police report under section 173(2) Cr.P.C. provided he cooperates in the investigation. He shall not make any effort to influence any witness or tamper any evidence. However, in case of any conduct or act of the petitioner to avoid or delay the investigation, it would be open for the Investigating Officer to proceed to take necessary steps to bring the investigation to its logical conclusion at the earliest.
The writ petition is, accordingly, disposed of.
Order Date :- 24.8.2021 Gss