Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34288 of 2018 Petitioner :- Muslim Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner 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.119 of 2018, under Sections 452, 354(Kha), 376, 506, 354, IPC, Police Station Mahila Thana, District Moradabad.
The counsel for the petitioner submitted that with regard to the incident dated 30.06.2018 the FIR was lodged on 08.11.2018 in pursuance of an application under Section 156(3) Cr.P.C. Further contention of the counsel for the petitioner is that there is dispute between the husband and wife, whereas the petitioner happens to be the brother-in-law of the victim and brother of the husband of the victim. Much reliance has been placed on the averments made in paragraph nos. 8, 9, 10 and 11 of the affidavit filed in support of the writ petition. Further contention of the counsel for the petitioner is that 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 petitioner 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 petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 28.11.2018 VKG