Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 20105 of 2018 Petitioner :- Kuldeep Kumar @ Chhotu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lal Mani Singh,Raghuvir Sharan Singh Counsel for Respondent :- G.A.,Ajay Kr. Srivastava,Sanjay Kr. Srivastava
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State. This writ petition has been filed by the petitioner with prayer to quash the F.I.R. dated 23.04.2018 lodged in Case Crime No.88 of 2018, under Sections 363, 366, 376, 506 I.P.C., and Sections 3 (2) 5 of SC/ST Act, and Section 4 of POCSO Act, Police Station Gwaltoli, District Kanpur Nagar. It has been submitted by learned counsel for the petitioner that the the daughter of the respondent no.3 had gone with Rohit Kushawa to Surat and lived with him, thereafter he was arrested and was granted bail, copy of the bail order is annexed as Annexure-3 to the writ petition. Learned counsel further contends that the petitioner is the friend of Rohit Kushwaha has been falsely implicated in the present. Learned counsel has next argued that the allegations of Section 376 I.P.C., along with other Sections has been levelled against said Rohit Kushwaha and not the petitioners and the petitioner has been falsely roped in the present case. He further submitted 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 :- 26.7.2018 S.Ali