Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15475 of 2019 Petitioner :- Kavita And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vipin Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Vipin Kumar Singh, learned counsel for the petitioner and Sri Mithlesh Kumar, learned A.G.A. appearing 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.86 of 2019, under Sections 363, 366, IPC, Police Station Saraikhwaja, District Jaunpur.
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 the petitioner has been falsely implicated in the present case; that the girl has been recovered and her statement under Section 164 Cr.P.C. has been recorded, copy of which has been annexed on page no.21 of the writ petition, the same has been perused by the Court; that the further contention is that the girl has been given in the custody of her Jethani, copy of the order of the CJM Jaunpur in this regard has been annexed on page no.24 of the writ petition; that the matter needs a deeper and fairer investigation before any arrest should 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 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 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 as early as possible from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
However, it is directed that the investigating officer of the case will keep in mind that an earlier order has been passed by the CJM, Jaunpur, in the matter and that the investigation will be done in a fair and partial manner.
Order Date :- 31.5.2019 VKG