Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26901 of 2018 Petitioner :- Sanjay Neta @ Sanjay Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Pal,Satya Dheer Singh Jadaun 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 petitioner with a prayer to quash the impugned F.I.R. dated 29.08.2018 registered as Case Crime No. 588 of 2018, under sections 363, 366, 506 IPC, PS Karvi Kotwali Nagar, District Chitrakoot.
It has been submitted by the learned counsel for the petitioners that daughter of respondent No. 4 Jyoti Devi had eloped with co-accused Sushil. They had solemnized marriage on 29.08.2018. The marriage certificate of co-accused Sushil and Jyoti Devi has been brought on record as Annexure 3 to the writ petition. Moreover, the petitioner was neither named in the FIR nor there is any credible evidence against him. The impugned first information report has been lodged by respondent No. 4 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. He further submitted that no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioners.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioner and the nature of the allegations made in the F.I.R., it is directed that till the submission of police report under Section 173(2) Cr.P.C., the petitioner shall not be arrested in the aforesaid case subject to his extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 25.9.2018 Sazia