Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25738 of 2019 Petitioner :- Kanchan (Minor) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.B. Sahai Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
The petitioner in the present writ petition is seeking quashing of the F.I.R. 671 of 2019 under sections 147, 506, 302, 201, 306 I.P.C. police station Kotwali District Fatehpur.
The allegations in the FI.R. are that the informant's son Deepak Kumar aged about 18 years was having a love affair with the daughter of Dharmendra Kanchan (petitioner), who was her neighbour. It is further alleged that the family members of Kanchan several times beat her son and threatened him of dire consequences. On 21.9.2019 her son at about 9.30 p.m. received a phone call and went somewhere on his motorcycle. On 22.9.2019 at about 6.30 a.m. someone informed her that the motorcycle of her son is lying near the railway track and when she reached the spot she found her son dead near the railway track. She suspected the family members of Kanchan to be involved in the killing of her son.
The submission of the learned counsel for the petitioner is that the petitioner is a minor girl of about 13 years and has been falsely implicated in the present case. It is further submitted that no overt act has been assigned to the petitioner and there is no evidence coming forward against the petitioner in the commission of crime. Hence, the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that he shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 18.12.2019 o.k.