Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 22981 of 2018 Petitioner :- Neha And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikrant Pandey,Ram Mani Upadhyay Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Learned counsel for the petitioners contended that petitioner no.1 and petitioner no2 have already been arrested, therefore, the writ petition in respect of aforesaid petitioners has become infructuous. Now, the writ petition is being heard only on behalf of petitioner nos. 3 to 5.
Heard learned counsel for the petitioner no. 3 to 5 and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with prayer to quash the F.I.R. dated 23.7.2018 lodged in Case Crime No.175 of 2018, under Sections 363, 366 I.P.C., & 7/8 POCSO Act, Police Station Kaptanganj, District- Basti.
It is contended that petitioners no.3 to 5 have falsely implicated in the present case. It has been submitted by learned counsel for the petitioners no.3 to 5 that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioners no.3 to 5 shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 23.8.2018 Junaid