Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 2546 of 2019 Petitioner :- Waris @ Abdul Varis Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Diwan Saifullah Khan 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. 281 of 2018, under Sections 452, 354, 504, 506 and 376D IPC, P.S. Lohta, District Varanasi.
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 co-accused Tahir who is not a party in the present writ petition was a Rajmistri under whom the respondent no.4 was working as a labourer; there was some dispute with regard to the payment of wages on account of which petitioner who happens to be the brother of co-accused Tahir has been implicated; further contention is that in the FIR the allegation of rape was made against all four persons; subsequently in the statement recorded under Section 164 Cr.P.C. the allegation of rape has been made only against co- accuseed Tahir; the matter needs deeper and fair investigation before any arrest could be given affect.
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