Satguru Alias Bachcha And 3 Others vs State Of U.P. And 2 Others
2017 Latest Caselaw 7882 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 27564 of 2017
 

 
Petitioner :- Satguru Alias Bachcha And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ravi Sahu
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajesh Dayal Khare,J.

Hon'ble Mahboob Ali,J.

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

This writ petition has been filed by the petitioners with a prayer to quash the F. I. R.  dated 21.9.2017  which has been registered as Case Crime No. 77 of 2017, under Sections-493, 504, 506 IPC  police station Mahila Thana, district Kanpur Nagar so far it relates to the petitioners.

It has been submitted by learned counsel for the petitioners that the allegation against the petitioner No.1 is that he on the pretext of marriage, had made physical relation with the respondent No.3 and the petitioner No.2 and 3 are father and mother and petitioner No.4 is sister of petitioner No.1, who have been falsely implicated in the present case. Learned counsel has drawn the attention of this Court to paragraph-6 of the writ petition wherein it has been stated that  the respondent No.3 is friend of petitioner No.1 and she had demanded  Rs. five lacs from the petitioner No.1 and when the same was refused to be give, present criminal proceedings has been initiated which is bad in law.  He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.

Per contra, learned A. G. A. submitted that from the perusal of 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.

From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.

Therefore, the prayer for quashing the impugned F. I. R. is refused.

However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.

With the aforesaid directions, this writ petition is disposed of finally.

Order Date :- 12.12.2017

faraz