Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 37422 of 2018 Petitioner :- Nadeem Ahmad Qureshi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- G.A.,Diwan Saifullah Khan
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner(s), learned A.G.A. for the State and Sri Diwan Saifullah Khan, learned counsel for respondent no.3.
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. 0254 of 2018 u/s 452, 323, 504, 506, 376D IPC PS Lohata District Varanasi.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent after four months of the incident, containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; reliance has been placed on the averments made in para 6,7,8,9 and 10 of the writ petition; 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(s) 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. and learned counsel for the complainant have 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. Learned counsel for the complainant has vehemently opposed the prayer of the counsel for the petitioner with the contention that the statement of the girl under Section 164 Cr.PC has been recorded.
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(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) 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 :- 19.12.2018 SP