Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24533 of 2019 Petitioner :- Surendra Kumar Alias Gunday Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narendra Kumar Yadav,Wilson Singh Counsel for Respondent :- G.A.,Bakhteyar Yusuf,Santosh Kumar
Hon'ble Vipin Sinha,J. Hon'ble Rajendra Kumar-IV,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. which has been registered as Case Crime No. 318 of 2019, under Sections 376, 323, 504 and 506 IPC, P.S.- Mauaima, District-Prayagraj.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); petitioner has been implicated on the basis of general allegation; as per statement of the victim recorded under Section 164 Cr.P.C., copy of which at page No. 40 of the writ petition, there is no allegation of rape against the petitioner; 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.
After having heard the submissions advanced by learned counsel for the parties present 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 the police authorities are directed to complete the investigation as early as possible.
Order Date :- 28.11.2019 Akram