Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5632 of 2019 Petitioner :- Shah Mohammad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sarvesh Kumar Mishra Counsel for Respondent :- G.A.,Ravi Sahu
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner, Sri Ravi Sahu, learned counsel for the complainant and Ms. Sanyukta Singh, 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.
117 of 2019, under Sections 420, 468, 384, 376 IPC, P.S. Chakeri, District Kanpur Nagar.
Learned counsel for the petitioner submitted that 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; petitioner has been implicated on the basis of general allegation; the victim herself is the first informant; reliance has also been placed on the order passed in the writ petition being Criminal Misc. Writ Petition No. 50644 of 2017, copy of which has been annexed on page 29 of the writ petition, in the said writ petition the complainant herself is the petitioner; reliance has been placed on the averments made in paragraphs 7 to 12 of the writ petition; the date of birth of the girl is 18.10.1989 and thus it is apparently she is an adult; furhter contention is that the matter needs deeper and fair investigation before any arrest should be given affect.
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 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, preferably within three months from the date of production of certified copy of the order.
Order Date :- 28.2.2019 Mini