Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30177 of 2018 Petitioner :- Najma And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Binod Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 03.10.2018 registered as Case Crime No. 1170 of 2018, under Sections 295A, 313, 328, 342, 376, 420 and 506 I.P.C., P.S. Kotwali Nagar, District Etah.
Learned counsel for the petitioners submitted that the prosecutrix in her statement recorded under Section 164 Cr.P.C., copy whereof has been brought on record as Annexure-4 to the writ petition, has failed to support the prosecution case in its entirety. In view of the above, it cannot be said that petitioners had committed any cognizable offence and hence the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 26.10.2018 SA