Disposed

Rekha and Another v. State of U.P. and 2 Others

Allahabad HC29 May 2018CRLP/14027/2018

Case brief

AI extract

What is this about?

Court considered a writ petition seeking to quash an FIR under IPC and POCSO. It declined to quash the FIR but directed that petitioners not be arrested until the police report is submitted, requiring cooperation with investigation.

What did the court decide?

Petitioners shall not be arrested till submission of police report under Section 173(2) Cr.P.C.; police to conclude investigation early.

Rekha and Another Vs State of U.P. and 2… — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 14027 of 2018

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Petitioner :- Rekha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shodan Singh Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.

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Sri Anand Kumar, Advocate has put in appearance on behalf of the respondent no. 3.

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Heard learned counsel for the petitioners and learned A.G.A. for the State.

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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. 119 of 2018, under Sections- 363, 366 IPC & 7/8 Protection of Children from Sexual Offence Act, 2012, Police Station Mawana, District Meerut.

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Learned counsel for the petitioners submitted that petitioner no.1 is real sister of co-accused Raju and petitioner no.2 is the close friend of co-accused Raju; in the statement recorded under Section 164 Cr. P.C. in which victim Rakhi has stated that her age is 18 years and she was loved with co-accused Rajui and she has solemnized her marriage with co-accused Raju; the present FIR has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; entire family members have been implicated in the present case on the basis of general allegations; 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 petitioners 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 quashed.

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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.

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Having heard the submissions advanced by learned counsel for the parties 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.

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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 petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.

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With the aforesaid observations, the instant writ petition is finally disposed of.

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Order Date :- 29.5.2018

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T.S.

Rekha and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Rekha and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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