Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11515 of 2019 Petitioner :- Pushpendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.P.S. Chauhan Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 17.4.2019 registered as Case Crime No.223 of 2019, under Section 354D I.P.C. and 3(2) (va) SC/ST Act, P.S. Shahbad, District Rampur.
The contention of the learned counsel for the petitioner is that although an offence may be said to have been disclosed by the impugned first information report but it does not at all allege that the petitioner even touched the victim much less assaulted her. In fact, according to the allegations, the accused by addressing the victim as "Bhabhi" appreciated her.
It has been submitted that the petitioner is innocent and he has been falsely implicated on account of mala fide reasons.
Be that as it may, in the F.I.R. it is alleged that the accused harassed the victim and otherwise also an F.I.R. need not be an encyclopaedia of all the facts/allegations. Hence, the prayer to quash the first information report cannot be accepted, as it discloses commission of cognizable offence.
However, considering the facts and circumstances of the case including the nature of the allegations, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, he shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 30.4.2019 Md Faisal