Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31174 of 2018 Petitioner :- Vimla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gyan Prakash Mishra Counsel for Respondent :- G.A.
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 petition has been filed by the petitioner with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 360 of 2018, under sections-363 and 366 IPC and Section-8 of POCSO Act at P. S.-Aliganj, district-Etah.
It has been submitted by learned counsel for the petitioner that the petitioner has been implicated in the present case only on the basis of suspicion although in impugned F. I. R. it has been categorically stated that the daughter of the respondent no. 4 had gone with some un-known person. He has further submitted that apart from the bald allegations made in the impugned F. I. R. there is no evidence even prima facie indicating at the complicity of the petitioner in the commission of alleged crime, 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 F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction that the investigation of the aforesaid case shall go on but the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to her extending full cooperation in the investigation.
Order Date :- 31.10.2018 HR