Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14116 of 2018 Petitioner :- Sunita Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bachchu Lal Yadav Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner 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. which has been registered as Case Crime No.0264 of 2018, under Section- 363, 366 IPC, P.S.- Delhi Gate, district- Aligarh.
It has been submitted that the sole petitioner happens to be the mother of the accused Amit. The Court has been informed that accused Amit as well as the father that the husband of the petitioner have already been arrested and they are in jail. It is further contended that petitioner has been implicated in the present case solely on the ground that petitioner happens to be the mother of accused Amit. We have also perused the statement recorded under Section 164 Cr.P.C., copy of which is annexed at page 26 of the writ petition.
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 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 29.5.2018 Radhika