Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 25446 of 2018 Petitioner :- Puja Sharma Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This petition has been filed by the petitioner with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 870 of 2018, under sections-363, 354, 384, 406 and 120B IPC and Sections-7/8 of POCSO Act at P. S.-New Agra, district-Agra.
It has been submitted by learned counsel for the petitioner that the petitioner, who is the neighbour of the respondent no. 3 has been arraigned as an accused in the impugned F. I. R. which has been lodged by the respondent no. 3 on 10.8.2018 after an inordinate and unexplained delay of more than eight months in respect of an incident which had taken place on 1.1.2018, only on the basis of suspicion rather than any tangible evidence. He has further submitted that apart from the bald allegations made in the impugned F. I. R. there is no credible evidence, even prima facie, indicating at the petitioner's complicity in the commission of the alleged crime, hence the impugned F. I. R. which is a bundle of lies, is liable to be quashed qua the petitioner.
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.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction that the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to his extending cooperation in the investigation.
Order Date :- 13.9.2018 HR