Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31247 of 2018 Petitioner :- Shivdei Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,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 a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 2.10.2018 registered as Case Crime no. 448 of 2018, under Sections 452, 376-DA, 506 I.P.C. and 3/4 POCSO Act, P.S. Bisalpur, district-Pilibhit.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no.3 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing her. He next submitted that the only allegation against the petitioner is that she had locked the room in which the accused committed gang rape with the daughter of respondent no.3, and on the basis of aforesaid allegations, no cognizable offence against the petitioner is made out and hence the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. submitted that the petitioner had assisted in the commission of offence by locking the room from outside, hence it cannot be said that no cognizable offnece is made out. Therefore, the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioner.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein, a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 as well as judgement passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioner shall not be entitled to any benefit of this order.
With the above directions, this petition is disposed of finally.
Order Date :- 31.10.2018 Shalini