Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34466 of 2018 Petitioner :- Santosh Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A. G.
A. for the State.
This writ petition has been filed with the prayer to stay the arrest of the petitioner in Case Crime No. 0343 of 20185 under sections 323, 354, 506, 376, 511 IPC Police Station- Parasrampur, District-Basti.
Learned counsel for the petitioner submitted that it has been submitted that the first information report has been lodged in pursuance of application under section 156(3) Cr.P.C. and there is an allegation of rape and further it is contended that the victim is a married woman; the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; petitioners have been implicated on the basis of general allegation; much reliance has been placed upon averments made in paras 7 to 11 onwards of the writ petition; 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 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 .
After having heard the submissions advanced by learned counsel for the parties present 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 complete the investigation as early as possible.
Order Date :- 29.11.2018 sweta