Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14023 of 2018
Petitioner :- Nand Kishor
Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Aditya Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,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. 0403 of 2018, under Sections- 363,366 IPC & 7/8 POCSO Act, Police station Vrindavan, District Mathura.
Keeping in view of statement recorded under Section 164 Cr. P.C., copy of which has been annexed at page 24 and also keeping in view of the photographs which have been annexed at page 29 to the writ petition, no case is made out; the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; 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.
After hearing learned counsel for petitioners and learned AGA, it is directed that in case, petitioner appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 45 days from today or till petitioner surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, petitioner do not appear before the Court below within the aforesaid period, coercive action shall be taken against him With the aforesaid observations, the instant writ petition is finally disposed off.
Order Date :- 29.5.2018 T.S.