Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 33989 of 2018 Petitioner :- Shubham Rai @ Golu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner(s) 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. dated 12.9.2018, which has been registered as Case Crime No.524 of 2018 under Sections 376, 506 IPC, P.S. Dhanghata, District Sant Kabir Nagar.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; much reliance has been placed on the averment as made in paragraph Nos, 9.10, 11, 12, 13 and 14 of the writ petition; reliance has also been placed upon the statement of the victim under Section 161 Cr.P.C., which is annexed at page 23 of the writ petition; 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 petitioner(s) 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.
Having heard the submissions advanced by learned counsel for the parties 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(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co- operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 27.11.2018 LN Tripathi