Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15181 of 2019 Petitioner :- Maqsood Alias Maqsood Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Waseem Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 26th January, 2019 registered as Case Crime No.0026 of 2019, under Sections 364, 342 and 376 IPC and Section 3/4 of Protection of Children from Sexual Offences Act at Police Station Deoraniya, District Bareilly.
The contention of learned counsel for the petitioner is that the petitioner is not named in the first information report which levels allegation only against Yasin (co-accused). It has been submitted that only role attributed to the petitioner in the statement of the victim, recorded under Section 164 CrPC, is that the victim was brought by Yasin to the residence of the petitioner. It has been submitted that the petitioner is innocent and he has been falsely implicated.
Be that as it may, as the matter would require investigation, the prayer of the petitioner to quash the first information report cannot be accepted, at this stage.
However, considering the role attributed to the petitioner, which is distinguishable from co-accused Yasin, without expressing any final opinion on merits, we deem it appropriate to dispose of the petition by providing that investigation of the above case shall continue and brought to its logical conclusion but subject to the petitioner's co- operation in the investigation, he shall not be arrested till submission of police report under Section 173 (2) CrPC.
Order Date :- 30.5.2019. Rks.