Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10342 of 2018 Petitioner :- Km. Anju And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Shukla Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajiv Gupta,J.
Statement of the victim recorded u/s 164 Cr.P.C. has been produced before this Court, the same is taken on record.
Heard learned counsel for the petitioners 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. 194/2018 under Section- 363, 366, 376 IPC & 3/4 POCSO Act P.S.- Shahpur, district- Gorakhpur.
The Court has been informed that the girl has been recovered on 8.4.2018 and her statement was recorded under Section 164 Cr.P.C. in which she has stated that she had gone with Arvind on her own free-will and consent.
Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case; 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; much reliance has been placed upon paragraph nos. 6,8,9,12,13 of the writ petition; 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(s) 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 hearing learned counsel for the parties and after perusing the averments as made in the instant writ petition, the Court is of the opinion that no case for quashing of the FIR is made out.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties and also in view of the law laid down by the Apex Court in the cases of Sachin Pawar v. State of U.P. Passed in Criminal Appeal No. 1142 of 2013 decided on 2.8.2013, 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 the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 24.4.2018 KU