Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 19959 of 2018 Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F. I. R. dated 06.6.2018 which has been registered as Case Crime No. 0137 of 2018, under Sections-363, 366 IPC, Police station Chandappa, district Hathras so far it relates to the petitioner.
It has been submitted by learned counsel for the petitioner that the daughter of the respondent No.4 had gone with one Ravindra who is brother-in-law of the petitioner and for the said reason, the petitioner has been falsely implicated in the present case although, there is no evidence on record to connect the petitioner with the commission of the alleged offence. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, 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. it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 26.7.2018 faraz