Writ petition filed to quit an FIR under Sections 452, 376, 506, 120-B IPC. Courts rejected the prayer to quash but directed no arrest until the police report is filed, while ensuring cooperation with investigation.
Petitioner not to be arrested till submission of police report under Section 173(2) Cr.P.C. with direction to co-operate
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Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 38094 of 2018
Petitioner :- Km. Aashu Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Suneel Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Sunil Kumar Gaur holding brief of Sri Suneel Kumar Mishra, 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.391 of 2018, under Sections 452, 376, 506, 120-B I.P.C., P.S. Tanda, District Rampur.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; petitioner has been implicated on the basis of general allegation; very fairly informed the Court that though the only prayer made in the writ petition is with regard to fair investigation but the attention of the Court has also been drawn to the order passed by another Bench of this Court in Criminal Misc. Writ Petition No.19575 of 2018 which has been disposed of finally vide order dated 23.07.2018 with the direction that considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of police report under Section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case; thus keeping in view the directions as contained in the earlier order itself and keeping in view the statement of the girl recorded under Section 164 Cr.P.C. no purpose would be served in keeping the matter pending before this Court; 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.
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.
Order Date :- 3.1.2019
R./
2 issues framed by the court
Whether the impugned FIR should be quashed on the ground of false and concocted allegations.
Whether the petitioner can be arrested during the investigation period.
5 provisions across 2 enactments
Km. Aashu
State Of U.P.
5 Others
Vipin Sinha
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
