Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11249 of 2019 Petitioner :- Raju Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vipin Kumar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioner(s) and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 10 of 2019 u/s 354, 120B IPC and 7/8 POCSO Act PS Fatehpur Sikari District Agra.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; petitioner was not named in the FIR, even he was not named in the statement under Section 164 CrPC; his name has cropped up in the statement of Padam Singh and Kanhaiya after about two months of the incident; the petitioner has been implicated on account of previous enmity; the petitioner is ready and willing to participate and cooperate with the investigation and that the matter needs a deeper and fairer investigation before any arrest should be given effect to; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
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.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co- operate with the investigation and police authorities shall conclude the investigation within a period of three months from the date of production of certified copy of this order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 29.4.2019 SP