Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26652 of 2018 Petitioner :- Shailesh @ Golu And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Mandeep Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This petition has been filed by the petitioners with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 115 of 2018, under section-363 IPC at P. S.-Hafizpur, district-Hapur.
It has been submitted by learned counsel for the petitioners that although the petitioners are not named in the impugned F. I. R. but the victim in her statement recorded under Section 164 Cr. P. C., copy whereof has been annexed as Annexure 2 to the affidavit accompanying this writ petition, has made entire allegations only against Shailesh alias Golu, petitioner no. 1 while she has given a clean chit to petitioner no. 2 and as such, the impugned f. I. R. is liable to be quashed qua petitioner No. 2.
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 F. I. R. as well as the other material brought on record, we dispose of this writ petition with the following directions:
1. Investigation of the aforesaid case shall go on but the petitioner no. 2 shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to his extending full cooperation in the investigation.
2. Qua petitioner no. 1, this writ petition stands dismissed. However, in case he surrenders before the Court concerned within thirty days from today and applies for bail, the same shall be considered in accordance with law.
Order Date :- 25.9.2018 HR