Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14451 of 2018 Petitioner :- Ramnath Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner, Sri Sheetla Prasad Pandey, learned counsel for the opposite party no.3 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. 574 of 2017, under Section- 363, 366, 376, 452, 504, 506 IPC and 3/4 POCSO Act, P.S.-Dubauliya, district- Basti.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioners; 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.
Learned counsel for the petitioner has made a statement before this Court that there are chances of settlement between the parties.
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 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
The aforesaid order has been passed with the consent of all the learned counsel for the parties concerned.
Order Date :- 31.5.2018 Radhika