Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 22852 of 2018 Petitioner :- Reshma And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shahroze Khan Counsel for Respondent :- G.A.,Sandeep Kumar Chaturvedi
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned A. G. A. for the State and Sri Sandeep Kumar Chaturvedi, learned counsel for respondent no.3.
This writ petition has been filed by the petitioners with a prayer to quash the F. I. R. dated 30.7.2018 which has been registered as Case Crime No. 0097 of 2018, under Sections-363, 366 IPC and Section 7/8 POCSO Act, police station Jogiya Udaipur, district Siddharth Nagar, so far it relates to the petitioners.
It has been submitted by learned counsel for the petitioners that the daughter of respondent no.3 has gone away with one Mohd. Shafiq and has married him and since the petitioners are relatives of Mohd. Shafiq, they have been falsely implicated in the present case by respondent no.3, due to acute village party bandi existing in the village and personal grudge of respondent no.3 towards the petitioners. He has further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
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 hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 21.8.2018 Shalini