Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34494 of 2018 Petitioner :- Wajid Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Akbar Shah Alam Khan Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,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 exempt filing of the certified copy of the F.I.R. dated 18.07.2018 registered as Case Crime No. 197 of 2018 under section 363, 366, 376 I.P.C., & 3/4 Protection of Children from sexual offence Act, 2012, Police Station-Ratanpuri, District-Muzaffar 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; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be .
We have perused the FIR and from perusal of the allegations as made in the impugned F. I. R., it cannot be said that no cognizable offence is made out.
Reference may be made to the judgment of the Apex Court rendered in the case of R. Kalyani v. Janak C. Mehta and Others reported in 2009 (1) SCC 516. The said decision has also been followed by the Apex Court in the case of Kamlesh Kumari and Ors. v. State of U.P. and Ors. reported in 2015 AIR SCW 3700.
After hearing learned counsel for the parties and after perusing the impugned FIR and keeping in view the law as laid down by the Apex Court in the aforementioned cases, the Court is of the opinion that no case for grant of any indulgence is made out.
However, it is provided that in case, petitioner appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 29.11.2018 sweta