Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26742 of 2018 Petitioner :- Ram Das And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Pawan Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 2.9.2018 registered as Case Crime No. 340 of 2018, under Sections 363, 366 I.P.C. and Section 16/17 of POCSO Act, P.S. Farendra, District Maharajganj.
Learned counsel for the petitioners submitted that the petitioner no. 1 is the father of co-accused, Suneet and petitioner no. 2 is the minor son of petitioner no. 1. The impugned F.I.R. has been lodged by the respondent no. 3 alleging therein that her 15 year old daughter Km. Sadhna was enticed away by co-accused, Suneet. As far as petitioners are concerned, there is no credible evidence on record even prima facie corroborating the F.I.R. allegation. The correct fact is that the minor daughter of respondent no. 3 had eloped with co-accused, Suneet and the petitioners have falsely been implicated in the instant case with the object of harassment. Moreover apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioners' complicity in the commission of the alleged crime and for the aforesaid reason the impugned F.I.R qua the petitioners is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, 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 :- 25.9.2018 SA