Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 36048 of 2018 Petitioner :- Meera Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amresh Tripathi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,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.0888 of 2018 under Sections 376, 323, 506 IPC & 3/4 of POCSO Act, 2012, P.S. Khorabar, District Gorakhpur.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; much reliance has been placed on the averments made in paragraph Nos. 6, 7 and 8 of the writ petition with the contention that it is a matter of village party bandi; 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 petitioners 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.
In pursuance of the order passed on 12.12.2018, Shri Patanjali Mishra, learned A.G.A. has submitted that the girl has been medically examined and her age is found to be 17 years. However, the allegation of rape is not corroborated and the medical report does not show any injury. He further submits that the matter requires deeper and fair investigation before any arrest given to this effect.
Having heard the submissions advanced by learned counsel for the parties and perusal of 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.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 20.12.2018 LN Tripathi