Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 19663 of 2018 Petitioner :- Lajja Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailendra Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
For the reasons detailed in paragraph 2 of the supplementary affidavit. It is submitted by learned counsel for the petitioners that there are no laches on the part of the petitioners in approaching the Court.
Heard learned counsel for the petitioners 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 06.12.2017 lodged in Case Crime No.951 of 2017, under Sections 363, 366 I.P.C. and 7/8 POCSO Act, Police Station Kotwali Chhibramau, District Kannauj.
It has been submitted by learned counsel for the petitioners that daughter of respondent no. 4 has been enticed away by the son of petitioner no. 1 and brother of petitioner no. 2, therefore the respondent no.3 initiated the present proceedings which is bad in law. 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 petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners 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 Arvind