Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26762 of 2018 Petitioner :- Suresh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Praveen Kumar Srivastava 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 to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 16.08.2018 registered as Case Crime No. 364 of 2018, under Sections 363, 366, 323 and 506 I.P.C., P.S. Hafijganj, District Bareilly.
Learned counsel for the petitioners submitted that the writ petition filed by the victim, Priti Kumari and the main accused in this case, Babloo challenging the same F.I.R. which is impugned by the petitioners in this writ petition was finally disposed of by this Court by order dated 18.9.2018 passed in Criminal Misc. Writ Petition No. 26131 of 2018 with certain directions and interim protection was granted to them. There is no credible evidence even prima facie corroborating the F.I.R allegation and hence the petitioners are also entitled to the same interim protection.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 25.9.2018 SA