Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 37826 of 2018 Petitioner :- Sunder Chandel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Bhajan Chaudhary Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Learned counsel for the petitioner is permitted impled the SSP concerned as necessary party, during the courts of the day.
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.2686 of 2018, under Sections 376, 506, IPC, Police Station Loni, District Ghaziabad.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated with the allegation that the petitioner has promised to solemnized the marriage with girl; that the case of the prosecution as set up therein is highly improbable and the matter requires fair and deeper investigation before any arrest can be effected. Further contention of the counsel for the petitioner is that 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 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 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 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 :- 21.12.2018 VKG