Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24496 of 2019 Petitioner :- Mannu Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner 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. 435 of 2019, under Sections 376-D, 506, 313 IPC and section 3/4 of POCSO Act, P.S.- Etmaddaula, District- Agra.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. It is next contended that victim herself has lodged the first information report and disclosed her age is about 18 years and six months and she has categorically stated that she has in a consensual relationship with the petitioner and she stated that: मनन्नू ययादव व गगौरव ससिसिसोददयया नने मनेरने सियाद कसोई गलत कयाम नहहीं दकयया , मनन्नू व गगौरव कसो मम जयानतती तक नहहीं हहह . Much reliance has been placed on the averments made in Annexure-2 to the affidavit filed in support of the writ petition; matter requires deeper and fairer investigation before any arrest should be given effect to and the petitioner will participate and co-operate with the investigation; 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.
Order Date :- 28.11.2019 RPD