Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 24146 of 2018 Petitioner :- Rabiya And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shibli Naseem Counsel for Respondent :- G.A.,Sudeep Dwivedi
Hon'ble Bala Krishna Narayana,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Sudeep Dwivedi, learned counsel for the respondent no. 3.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 16.03.2018 registered as Case Crime No. 122 of 2018 u/s 363, 366, 376 I.P.C. and Section 5, 6 and 16 of Protection of Children from Sexual Offences Act, P.S.- Kotwali, District- Jaunpur.
It is submitted by learned counsel for the petitioners that the prosecutrix Shalu Maurya is major as per her ossification test report (Annexure No. 3) and she in her statement recorded u/s 164 Cr.P.C. (Annexure No. 5) has failed to support the prosecution case and stated that she had left her parental home on her own accord and solemnized marriage with the co- accused, Dilshad voluntarily. He next submitted that in view of the above, the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed qua the petitioners who are the brother, sister and brother-in-law (behnoi) of the main accused.
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, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 5.9.2018 KS