Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 13963 of 2018 Petitioner :- Kanchan Sharma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhakar Yadav Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,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.275 of 2017, under Section- 363 IPC, P.S. Hapur Nagar, district Hapur.
Learned counsel for the petitioners submits that the victim herself is petitioner no. 1 and the accused is petitioner no. 2; there is joint affidsavit filed in support of the writ petition; as per the Aadhar Card, the date of birth of the victim is 02.01.1998 even as per the FIR, her age is about 14 years. The contention is that the allegations as made in the first information report are false and baseless.
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 the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 29.5.2018 T.S.