Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 23961 of 2018 Petitioner :- Triloki @ Rakesh Sharma And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with prayer to quash the F.I.R. dated 20.7.2018 lodged in Case Crime No.698 of 2018, under Sections 363, 447, 504, 506 IPC and 3(1)(X) S.C./S.T. Act, Police Station Surajpur, District- Gautam Budh Nagar.
It is contended that daughter of respondent no.4 is petitioner no.3 in the present case and she has gone away with the petitioner no4. It is next contended that petitioner no.1 and petitioner no.2 had married out of love and affection and as the respondent no.3 is not happy with the said marriage, therefore present proceedings have been initiated. It is further contended that petitioners have falsely implicated in the present case. It has been submitted by learned counsel for the petitioner that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I.
R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 30.8.2018 Junaid