Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5510 of 2019 Petitioner :- Manua And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners 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.258 of 2017, under Sections 452, 376, 511 I.P.C., P.S. Kagaraul, District Agra.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; contention is that an query being put with regard to laches as the first information report is dated 17.09.2017 learned counsel for the petitioner has informed the Court that it was only after the co-accused has been arrested on 04.01.2019 then the petitioner came to know about the said first information report; further contention is that the victim herself is the first informant; she is a married woman of 36 years having three children; the story as set up in the first information report is highly improbable; further contention is that as per the statement recorded under Section 164 Cr.P.C. there are vast contradiction in the statement recorded under Section 164 Cr.P.C. statement and in the first information report; much reliance has been placed on the averments made in paragraph nos.13 and 14 of the writ petition; reliance has been placed on page no.24 of the writ petition to demonstrate that as per the statement of the victim herself the medical does not support the case of rape; the victim herself has stated only attempt to rape; there is no injury; the petitioners have been falsely implicated on account of some monetary dispute; 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 petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioners shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible.
Order Date :- 28.2.2019 R./