Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 33667 of 2018 Petitioner :- Usha Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Singh,Rakesh Pathak Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Supplementary affidavit filed today is taken on record. The same has been filed clarifying that Sharmila Sonkar and Sarita are one and same person as mentioned in para 3 of the supplementary affidavit dated 27.11.2018.
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. 0180 of 2017 u/s 302/201/376/363/366/504/506 IPC, 3(2) (5) SC/ST Act and 7/8 POCSO Act PS Sarnath District Varanasi.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; petitioner has been falsely implicated in the present case; girl Sharmila was major and her date of birth is 8.8.1999 and she has solemnized marriage with Tej Bahadur and in this regard Notary Affidavit has been annexed at page 39 of the writ petition and out of their wedlock a child was born; petitioner is the real sister of Tej Bahadur; it was only when some dispute arose with regard to death of the child the present proceedings have been initiated against the petitioner, copy of the death certificate has been annexed at page 53 of the writ petition; 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(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.
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, looking to the fact that petitioner is woman with no criminal history and 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 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 :- 28.11.2018 SP