Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 2345 of 2019 Petitioner :- Vivek Kumar @ Vivek Kumar Sachan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bijay Singh Sachan Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,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. 698 of 2018, under Sections 376, 328, 506 IPC, P.S. Akbarpur, District Rama Bai Nagar.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; petitioner has been implicated on the basis of general allegation; further contention is that the girl who was in a consensual relationship with the petitioner; in the prosecution story as set up in the FIR is to the effect that under a false pretext of solemnized marriage and getting a job, the victim has been sexually exploited; much reliance has been placed on the application given by the petitioner himself to the police authority, copy of which has been annexed on page 24 of the writ petition; even the statement recorded under Section 164 Cr.P.C., which shows that the girl was in a consensual relationship and it was only when some dispute arose with regard to the marriage, the present proceedings has been initiated.
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 first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible, preferably within three months from the date of production of certified copy of the order.
Order Date :- 31.1.2019 Mini