Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 19929 of 2018 Petitioner :- Murtuja Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjai Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F. I. R. dated 30.7.2017 which has been registered as Case Crime No. 506 of 2017, under Sections-363, 366, 506 IPC and Section 7/8 POCSO Act, police station Kotwali Padrauna, district Kushinagar so far it relates to the petitioner.
It has been submitted by learned counsel for the petitioner that the victim Pratibha had gone away with one Munna as they had relations with each other and the petitioner is resident of the same village who is also said to be involved in the said offence. It is argued that the petitioner had no concern with either Munna or the victim and he has been falsely implicated in the present case. It is next contended that similarly situated co-accused Smt. Shila Devi and others have been granted orders in their favour by another Bench of this Court vide order dated 25.4.2018 passed in Criminal Misc. Writ Petition No. 10584 of 2018, copy of which order has been filed as annexure-2. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I.
R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 26.7.2018 faraz