Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 20427 of 2018 Petitioner :- Kiran Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shravan Kumar Mishra Counsel for Respondent :- G.A.,Kamlesh Kumar Bhatt
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, Sri Kamlesh Kumar Bhatt for the respondent no.3 and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with prayer to quash the F.I.R. dated 17.6.2018 lodged in Case Crime No.93 of 2018, under Sections 363, 366, I.P.C., Police Station Mohabbatpur Painsa, District- Kaushambi.
It is contended that petitioner is lady and her son is married with the sister of respondent no.3. It is further contended that son of petitioner i.e. co- accused namely, Vikas filed a writ petition for seeking relief to provide protection in Civil Misc. Writ Petition No.24349 of 2018 on 19.07.2018. It is next contended that petitioner has falsely implicated in the present case. It has been submitted by learned counsel for the petitioner that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I.
R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 30.7.2018 Junaid