Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 35363 of 2018 Petitioner :- Kanija Begum And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Dubey Counsel for Respondent :- G.A.,Syed Khursheed Anwar Alvi
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sushil Kumar Dubey, the learned counsel for the petitioners, Sri S.K. Anwar, the learned counsel for the Respondent No.3 and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 25.10.2018, lodged by Respondent No.3, registered as Case Crime No. 0684 of 2018 under Sections 147, 342, 323, 504 and 506 IPC, Police Station Kotwali, District Etawah.
Learned counsel for the petitioners has submitted that the impugned first information report has been lodged by the respondent no. 3 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He further submits 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 the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra the learned counsel appearing on behalf of the respondent No.3 submit that during course of investigation offence under section 364 IPC has been added. Hence the petitioners do not deserve any indulgence.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, 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 petitioners as no documentary proof has been filed with regard to adding section 364 IPC against the petitioner by the complainant's counsel, it is directed that the petitioners shall not be arrested in the aforesaid offences till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioners shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.In case the offence under section 364 IPC has already been added the petitioners shall not avail the benefit of this order.
With the above direction, this petition is finally disposed of.
Order Date :- 21.12.2018 Manish Tripathi