Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14570 of 2018 Petitioner :- Mool Chandra And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shive Datta Yadav,Ram Naresh Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,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. 144 of 2018, under Sections- 363, 366 IPC & 3/4 of the Protection of Children from Sexual Offences Act, 2012, P.S. Malwan, District Fatehpur.
In view of specific averments made in para nos.5,6,7,8,9,10 to the writ petition, a case for grant indulgence is made; the present FIR has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; entire family members have been implicated in the present case on the basis of general allegations; 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.
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.
Having heard the submissions advanced by learned counsel for the parties 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 conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 31.5.2018 T.S.