Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11234 of 2019 Petitioner :- Manoj And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Kumar Singh Counsel for Respondent :- G.A.,Firdos Ahmad Hon'ble Vipin Sinha,J.
Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioner(s), learned A.G.A. for the State and learned counsel for the complainant.
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. 66 of 2019 u/s 363, 366, 504, 506, 352 IPC PS Shahganj District Jaunpur.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; the girl has solemnized marriage with co-accused Hemant Kumar @ Bhola who has been arrested and is in jail; reliance has been placed on the notary affidavit of marriage agreement, copy of which has been annexed at page 22 of the writ petition; the petitioners happen to be the friend of co- accused Bhola; reliance has also been placed on the order dated 16.4.2019 passed in the matter of co-accused Baburam, copy of which has been annexed at page 39 of the writ petition; the girl is living with her parents at the moment; the petitioners are ready and willing to participate and cooperate with the investigation and they need not be arrested nor any custodial interrogation and that the matter needs a deeper and fairer investigation before any arrest should be given effect to; 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.
Having heard the submissions advanced by learned counsel for the parties 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(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co- operate with the investigation and police authorities shall conclude the investigation as expeditiously as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 29.4.2019/SP