Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 22681 of 2018 Petitioner :- Ragib And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh Bais Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners 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 25.07.2018 lodged in Case Crime No.437 of 2018, under Sections 363, 366, 376-D, 342, 504, 506 I.P.C., and Section 3/4 of Protection of Children from Sexual Offence Act, Police Station Kotwali Dehat, District Saharanpur.
It is contended by learned counsel for the petitioners that F.I.R., was lodged pursuant to the order passed on an application under Section 156 (3) Cr.P.C., and prior to registration of the F.I.R., the learned Court below had sought for police report in which it was submitted that the victim after quarrel went to Ludhiana at the house of her maternal uncle and when she lost the way, she contacted the petitioners, who were residing at Ludhiana, thereafter, the petitioner no.2 sent the victim to her maternal house, copy of police report is annexed as Annexure-2 to the writ petition. Learned counsel further contends that prior to initiation of the present proceedings, talks of marriage between the petitioner no.1 and the victim was going on,which was refused by the parents of the petitioner no.1 on the ground of minority of the petitioner no.1 and taking undue advantage of the same, the respondent no.3 initiaited the present proceedings only to wreak vengeance.He further submitted 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 petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners 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 :- 21.8.2018/S.Ali