Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 30970 of 2018 Petitioner :- Seema Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava Counsel for Respondent :- G.A.,Shalendra Kumar,Rishi Raj Rawa
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner(s) and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 350 of 2018 u/s 376, 506, 34 IPC PS Badalpur District Gautam Buddh Nagar.
In compliance of the order dated 30.10.2018 passed by another Bench of this Court, supplementary affidavit has been filed today, which is taken on record, by means of which the statement of the girl recorded under Section 164 Cr.P.C. has been brought on record.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; the petitioner who happens to be the widow has been falsely implicated in the present case; reliance has been placed on the averments made in para 6,7,8 and 9 with the contention that there is some property dispute between the petitioner and the first informant, on account of which the present proceedings have been initiated; the matter needs fair and proper investigation before any arrest could be given effect to; 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(s) 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 quashed.
Having heard the submissions advanced by learned counsel for the parties 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, looking to the fact that petitioner is a widow with no criminal history and 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(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 20.12.2018 SP