Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 37951 of 2018 Petitioner :- Neeraj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Kant Bharadwaj Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,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.320 of 2018, under Sections 366, 376, IPC, Police Station Khurza Dehat, District Bulandshahr.
Learned counsel for the petitioner submitted that 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; much important has been given to the statement to the girl under 164 Cr.P.C., which shows that the prosecution story as set up in the FIR is highly improbable; that the victim happens to be the niece of the petitioner; reliance has also been placed on the averments made in the writ petition to show that there is a dispute pending between the parties and the investigation in the matter are going on; further contention is that the matter needs a deeper and fair investigation before any arrest can be given effect to, specially in view of the facts that the victim is the 18 years old, she is relative of the petitioner, the pedigree has been explained in the writ petition; the civil dispute is also explained in 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 :- 21.12.2018 VKG