Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34303 of 2018 Petitioner :- Mohd. Raheem Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rizwan Ullah Siddiqui Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 12.10.2018 registered as Case Crime No. 293 of 2018, under Sections 363 and 366 I.P.C., P.S. Audyogik Kshetra, District Prayagraj.
Learned counsel for the petitioner submitted that the prosecutrix in her statement recorded under Section 164 Cr.P.C. (Annexure-2) has failed to support the prosecution case and in view of the above, it cannot be said that the petitioner has committed any cognizable. Moreover apart from the bald allegations made in the impugned F.I.R. no credible evidence whatsoever is coming forth even prima facie indicating at the petitioner's complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 28.11.2018 SA