Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 22728 of 2018 Petitioner :- Shashi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with prayer to quash the F.I.R. dated 16.07.2018 lodged in Case Crime No.328 of 2018, under Sections 363, 366 I.P.C., Police Station Sahaswan,District Badaun.
Learned counsel for the petitioner contends that the daughter of the respondent no.4 had gone away with one Nanku and the only allegation against the petitioner is that the daughter of the respondent no.4 was last seen with the petitioner. Learned counsel further contends that the petitioner is the lady, who has been falsely implicated in the present case due to village parti-bandi and she has no concern with the daughter of the respondent no.4 or the co-accused Nanku. He 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. 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) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 21.8.2018 S.Ali