Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30972 of 2018 Petitioner :- Vinay And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,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 quash the impugned F.I.R. dated 20.05.2018 registered as Case Crime No. 555 of 2018, under sections 363, 366, 506 IPC and 3(1) (d) SC/ST Act, PS Kotwali Nagar, District Etah.
It has been submitted by the learned counsel for the petitioners that the prosecutrix Saloni in her statement recorded under section 164 Cr.P.C. (annexure-2) has not supported the prosecution case. In view of the above, it cannot be said that any cognizable offence against the petitioners is made out. 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 petitioners 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 petitioners.
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 petitioners 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 petitioners shall not be arrested in the aforesaid case subject to their extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 30.10.2018 Sazia