Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 37952 of 2018 Petitioner :- Umesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhiraj Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner 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.0044 of 2018, under Section 376, IPC, and 3/4 POCSO Act, Police Station Babari, District Shamli.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; that the girl is aged about 19 years; reliance has been placed on the statement of the girl under Section 164 Cr.P.C., copy of which is annexed on page-26 of the writ petition; reliance has been placed on the paragraph nos. 6, 7, 8, 9 and 16 and the order dated06.12.2018, passed by this Court in the habeas corpus writ petition No. 3961 of 2018, copy of which has been annexed on page-46 of the writ petition; the Court has been further informed by the counsel for the petitioner that the said habeas corpus writ petition has also been allowed, subsequently. Further contention of the counsel for the petitioner is that 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 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.
Looking to the contention as has been made at the Bar of this Court, a case of grant of indulgence has been made out.
Learned AGA appears of respondent nos. 1 and 2.
Issue notice to the respondent no.3. Steps within three days.
All the respondent may filed counter affidavit with 4 weeks. The counsel for the petitioner shall file rejoinder affidavit within three weeks thereafter.
List immediately thereafter.
Till further order of this Court, the petitioner will not be arrested in furtherence to the FIR dated 16.05.2018, registered as Case Crime No.0044 of 2018, under Section 376, IPC, and 3/4 POCSO Act, Police Station Babari, District Shamli.
Order Date :- 21.12.2018/VKG