Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30345 of 2018 Petitioner :- Shyamveer And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Bajpai 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 writ petition has been filed by the petitioners with the prayer to quash the FIR dated 29.6.2016 as Case Crime No. 822 of 2016, under sections 363, 366, 368 IPC, P.S. Roza, District Shahjahanpur.
It is contended by learned counsel for the petitioners that the only allegation made by the prosecutrix in her statement recorded under section 164 Cr.P.C. that on advice of petitioner no. 1 she got her marriage with co-accused Pawan. Further contended that petitioner no. 2 had taken her on his own motorcycle to the house of co- accused Pawan. On the basis of aforesaid allegation, no offence is made out against the petitioners.
From the perusal of the FIR, it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the FIR. Therefore, the prayer for quashing the impugned FIR is refused.
However, considering the nature of the allegation made in the FIR, the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J. 1981, it is directed that the petitioners shall not be arrested in the above mentioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 26.10.2018 RPD