Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31078 of 2018 Petitioner :- Ravi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhat Chandra Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 28.11.2017 registered as Case Crime No. 0204 of 2017, under Sections 363 I.P.C. P.S.- Bahsuma, District- Meerut.
It is submitted by learned counsel for the petitioner that the prosecutrix as per her date of birth recorded in the High School certificate, she is major and in her statement under 164 Cr.P.C, has not made any allegation of any kind against the petitioner. Hence no cognizable offence against the petitioners is made out. Apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned FIR, which is a bundle of lies and product of malice, 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 allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, 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 :- 30.10.2018 C. MANI