Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 27904 of 2018 Petitioner :- Parvez Alam And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Tripathi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Supplementary affidavit filed on behalf of the petitioners in the Court today is kept on record.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 13.06.2018 registered as Case Crime No. 259 of 2018, under Sections 376, 323, 504, 452 I.P.C., P.S.- Kotwali Padrauna, District- Kushi Nagar.
Learned counsel for the petitioners submitted that from the perusal of the statement of the prosecutrix recorded u/s 164 Cr.P.C., it transpires that she has made allegations of rape against the petitioner no. 1, Parvez Alam alone. As regards others, she has not made any inculpatory statement. Moreover, apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner nos. 2 and 3 namely Rusaida Khatoon and Mohammadin in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed, qua the petitioner nos. 2 and 3.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, in view of the peculiar facts and circumstances of the case and submissions made by the learned counsel for the petitioners, we dispose of this writ petition with the following conditions:-
1. The investigation of the aforesaid case shall go on but the petitioner nos. 2 and 3 shall not be arrested till the submission of police report under Section 173(2) Cr.P.C., subject to their extending full cooperation during investigation.
2. Qua petitioner no. 1, Parvez Alam, this writ petition stands dismissed. However, considering the nature of the allegations, it is directed that in case he appears before the court concerned within three weeks from today and applies for bail, the same shall be considered and disposed of expeditiously by the courts below.
Order Date :- 30.10.2018/KS