Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30882 of 2018 Petitioner :- Munni Devi And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Dubey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 22.09.2018 registered as Case Crime No. 1052 of 2018, under Sections 147, 376, 452, 323, 366, 352, 506 IPC, PS Tajganj, district Agra.
It is submitted by the learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no. 3 after inordinate and unexplained delay of three months falsely alleging that the petitioner no. 4 had committed rape on her in the presence of his family members i.e. petitioners no. 1 to 3, 5, 6 and 7. The allegations made in the FIR against the petitioners no. 1 to 3, 5, 6 and 7 are patently absurd. Moreover, apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners no. 1 to 3, 5, 6 and 7 in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed. The main role is assigned to petitioner no. 4 Sunny.
Per contra learned A.G.A. submitted that upon perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence against the petitioners is made out and hence the impugned F.I.R. is not liable to be quashed.
After having heard the learned counsel for the parties present and perused the impugned F.I.R. as well as other material brought on record, we are not inclined to quash the impugned F.I.R.
However, in view of the peculiar facts and circumstances of the case and submissions made by the learned counsel for the petitioners, we dispose of this writ petition with the following conditions:-
1. Qua petitioner no. 4 Sunny the writ petition stands dismissed.
2. So far as the petitioners no. 1 to 3, 5, 6 and 7 are concerned the investigation of the aforesaid case shall go on but the petitioner nos. 1 to 3, 5, 6 and 7 shall not be arrested till the submission of police report under Section 173(2) Cr.P.C., subject to their extending full cooperation during investigation.
Order Date :- 29.10.2018 A.K.Verma