Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1697 of 2019 Petitioner :- Khursheed Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umair Mahmood Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner, Sri Mohd. Abid holding brief of Sri Sheikh Moazzam Inam, learned counsel for the respondent no.4 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. 6 of 2019, under Sections 452, 376, 323 IPC, P.S. Seohara, District Bijnor.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; petitioner has been implicated on the basis of general allegation; much has been said with regard to the statement of girl recorded under Section 164 Cr.P.C., copy of which has been annexed on page 38 of the writ petition; the attention of the Court has also been drawn to the averments made in paragraph 12 of the writ petition; the Court has also perused the application annexed as Annexure-4 to the writ petition, contents of which are self-explicit; 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.
After having heard the submissions advanced by learned counsel for the parties present 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 the police authorities are directed to complete the investigation as early as possible.
It is directed that the police authorities will conduct a fair and proper investigation keeping in view the statement of the girl recorded under Section 164 Cr.P.C. and the application which has been given by the victim herself denying the entire prosecution story. The S.P., concerned shall ensure a fair investigation is done in accordance with law without any whims, caprice or personal notion of morality or otherwise.
Order Date :- 22.1.2019 Mini