Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31361 of 2018 Petitioner :- Triloki Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- G.A.,Sushil Kumar Dubey
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the impugned F.I.R. dated 05.10.2018. registered as Case Crime No. 0117 of 2018 under Sections 498, 420, 376, 506 IPC 1860, Police Station-Rajpur, District-Kanpur.
It has been submitted by the learned counsel for the petitioner that the impugned FIR lodged by respondent No. 3 against the petitioner containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. He further submitted that prosecutrix in her statement recorded under Section 164 Cr.P.C. (Annexure No.4) has not any allegation against the petitioner and she made allegation of rape against the co-accused Bhoop Singh. He next submitted that apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioner.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioner and the nature of the allegations made in the F.I.R., it is directed that till submission of police report under Section 173(2) Cr.P.C., the petitioner shall not be arrested in the aforesaid case subject to her extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 31.10.2018 Pr/-