Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24513 of 2019 Petitioner :- Shah Alam And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Faisal Khan Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioners 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. 464 of 2019, under Sections 363, 366 and 120-B IPC, Police Station - Kakrauli, District- Muzaffar Nagar.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; much reliance has been placed upon the statement of the victim girl recorded under Section 164 Cr.P.C., certified copy of which annexed as annexure no.2 to the writ petition (page 16) wherein she has specifically stated that "mai 09.10.2019 ko Shah Alam ke sath shadi karne Allahabad apni marji se gai thi. Hamare paas paisa kam they, hum wapis aae rahe the to rastey me Police ne hamey pakar liya, mujhey bus yehi kehna hai"; petitioners have been implicated on the basis of general allegation; 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 petitioners 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.
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 petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioners shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible.
Order Date :- 28.11.2019 I.A.Siddiqui