Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 24491 of 2018 Petitioner :- Smt. Vimlesh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 26.04.2018 registered as Case Crime No. 0237 of 2018, under Sections 363, 366 of I.P.C., P.S.- Ramgarh, District- Firozabad.
It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no. 4, falsely alleging that co- accused Niketan, son of petitioner no. 1, Smt. Vimlesh and brother of petitioner no. 2, Hridesh had kidnapped his minor daughter Laxmi. As regards the petitioners, the allegation made in the F.I.R. that they had aided co-accused Niketan in the kidnapping of his minor daughter is patently false and highly improbable. 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. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 5.9.2018 Rahul.