Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5093 of 2018 Petitioner :- Seema Thakur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material available on record.
This writ petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 23.01.2018, which has been registered as Case Crime No. 0009 of 2018, under Sections 166, 201, 203, 212, 304 IPC and 3(2)(V) SC/ST Act and Section 15 of Medical Counselling Act, Police Station Hasayan, District Hathras (Annexure No.1 to this writ petition).
It is contended by learned counsel for the petitioner that the co-accused Ravi Kaushik had already been granted interim relief by another Bench of this Court in Criminal Misc. Writ Petition No. 4438 of 2018 vide order dated 22.02.2018. The photocopy of the said order has been filed, which is taken on record.
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. has 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 petitioner and nature of allegations made in the F.I.R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 27.2.2018 Nadim