Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30382 of 2018 Petitioner :- Satyaveer And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Yadav Counsel for Respondent :- G.A.,Shiv Poojan
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Supplementary affidavit filed today in Court is kept on record.
Heard learned counsel for the petitioners and learned AGA for the State and Sri Shiv Poojan, learned counsel for the respondent no. 3.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 24.09.2018 registered as Case Crime No. 189 of 2018, under Sections 147, 149, 452, 376-D, 323, 506 I.P.C., P.S.-
Usarahar, District-Etawah.
It is submitted by learned counsel for the petitioners that impugned F.I.R. has been lodged by the respondent no. 3 as a counter blast to the F.I.R. lodged by wife of petitioner no. 3 Umesh against son of respondent no. 3 under Section 376-D I.P.C. and on account of being accused in the aforesaid case he is still in jail. It is next submitted that neither the victim has got herself medically examined nor her statement under Section 164 Cr.P.C. has been recorded. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating petitioners' complicity in the commission of the alleged crime and the impugned FIR qua the petitioners is 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. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 27.10.2018 AKT