Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26512 of 2018 Petitioner :- Mujammil Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Firdos Ahmad,Krishna Kant Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,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 mandamus directing the respondents not to arrest the petitioner and with further prayer for quashing the impugned FIR dated 21.08.2018 registered as Case Crime No.529 of 2018, under Sections 363, 366 I.P.C., Police Station Swar, District Rampur.
It is submitted by learned counsel for the petitioner that prosecutrix Neha, who is major, in her statement recorded under Section 164 Cr.P.C., copy whereof is annexed as Annexure 2 to the writ petition, had denied the prosecution case as spelt in the FIR in its entirety and deposed that she went with the petitioner after leaving her parental home on her own accord and desires to live with the petitioner. Therefore, it cannot be said that the petitioner has committed any cognizable offence and hence impugned F.I.R. 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 and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, 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 :- 24.9.2018 Anand Sri./-