Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1470 of 2019 Petitioner :- Kamrul Hasan And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners 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.488 of 2018, under Sections 376, 313, 504, 506, IPC and Section 6 of PCOSO Act, Police Station Bithari, District Bareilly.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; that as per the case set up in the FIR the victim has been sexually exploited by the petitioner no.1 after promised her to solemnization of marriage; that much reliance has been placed on the averments made in paragraph nos. 6, 7, 8 and 9 of the writ petition; that reliance has also been placed on the affidavit filed in support of the writ petitioner, copy of which is annexed at page no.28 of the writ petition, the contents of which is self explicit; that contention of counsel for the petitioners is that the matter needs a deeper and fair investigation before any arrest can be given effect to; 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 petitioners 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.
Having heard the submissions advanced by learned counsel for the parties 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.
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 petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 21.1.2019 VKG