Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 21958 of 2018 Petitioner :- Sahabuddin And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Chaubey 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.
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 F.I.R. dated 06.07.2018 registered in Case Crime No. 170 of 2018 under Sections 363, 366 I.P.C. & Section 7/8 of Protection of Children from Sexual Offences Act, 2012, P.S.- Lohata, District- Varanasi.
It is submitted by the learned counsel for the petitioners that the F.I.R. in this case was lodged by the informant against one Shahid Ansari alleging therein that he had kidnapped his minor daughter, Gulafsa Bano. It is next submitted that the petitioners who are real brothers are not named in the F.I.R. They have been arraigned as accused in the case during investigation although there is no credible evidence whatsover on record even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence, qua the petitioners, the impugned F.I.R., 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 F.I.R. 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 :- 24.8.2018 Rahul.