Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5174 of 2019 Petitioner :- Kanhaiya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar Vishvakarma Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Arun Kumar Vishvakarma, learned counsel for the petitioner and Ms. Sanyukta Singh, 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.0007 of 2019, under Sections 354- B, 376, 504, 507, IPC, Police Station Hathras Junction, District Hathras.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; that as per the FIR there is no allegation of rape against the petitioner; that incident is of 16.12.2018 and the FIR was lodged 04.01.2019; that section 376 IPC is added later on; that much reliance has been placed on the averments made in paragraph no. 9 of the affidavit filed in support of the writ petition. Further contention of the counsel for the petitioner is 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 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.
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 petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner 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 :- 25.2.2019 VKG