Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 22853 of 2018 Petitioner :- Manoj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Shiromani Shukla,Anubhav Shukla Counsel for Respondent :- G.A.,Shivesh Mishra
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 a prayer to quash the police report dated 23.7.2018 which has been registered as Case Crime No. 254 of 2018, under Sections-363, 366, 368 IPC, police station Faridpur, district Bareilly, so far it relates to the petitioner.
It has been submitted by learned counsel for the petitioner that daughter of respondent no.4 has gone away with one Amit Maurya, therefore, the petitioner being the cousin of Amit Maurya, has been falsely implicated in the present case. He has further submitted that the petitioner is not named in the F.I.R. and his name has come in into light during investigation, therefore, initiation of criminal proceedings against the petitioner is bad in law. He has further submitted that apart from the bald allegations made in the Police Report 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 Police Report is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned Police Report it cannot be said that no cognizable offence is made out, hence the impugned Police Report is not liable to be quashed.
From the perusal of the Police Report 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 Police Report.
Therefore, the prayer for quashing the impugned Report is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the Police Report, 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 :- 21.8.2018 Shalini