Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30455 of 2018 Petitioner :- Raj Kumar @ Raju Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Supplementary affidavit filed on behalf of the petitioner in the Court today is kept on record.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 27.09.2018 registered as Case Crime No. 813 of 2018, under Section 365, 376, 323 I.P.C., P.S.- Khorabar, District- Gorakhpur.
It is submitted by learned counsel for the petitioner that the respondent no. 4, Priyanka, after leaving her parental home on her own accord, has solemnized marriage with the petitioner. The marriage certificate of the petitioner and the respondent no. 4 has been appended as Annexure No. 2 to the writ petition. The impugned F.I.R. has been lodged by the respondent no. 4 under the pressure of her parents falsely alleging commission of offences by the petitioner u/s 365, 376, 323 I.P.C. It is next submitted that the prosecutrix respondent no. 4 has neither got herself medically examined nor her statement u/s 164 Cr.P.C. has been recorded till date. Specific averments in this regard has been made in paragraph 2 of the supplementary affidavit. 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 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.
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. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 30.10.2018 KS