Solu And Another vs State Of U.P. And 2 Others
2017 Latest Caselaw 4307 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18720 of 2017
 
Petitioner :- Solu And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Chandra Prakash Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Aniruddha Singh,J.

Heard Sri C.P.Singh, learned counsel for the petitioners, Sri P.S.Yadav, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 19.8.2017 registered as Case Crime No.827 of 2017, under Sections 363, 366, 354 I.P.C. and 7/8 POCSO Act, 2012, Police Station Cantt., District Varanasi.

It has been submitted by the petitioners that the  petitioners are innocent and have been falsely implicated in the present case. He further submits that respondent no.3 is rickshaw puller and he is a drunker, on account of which the incident has taken place and after one week of the incident the impugned FIR has been lodged by respondent no.3 against the petitioners levelling false and frivolous allegation against the petitioners. He further argued that petitioner no.2 is uncle of petitioner no.1 and is posted as driver in the Sales Tax Department and only his vehicle is said to have been involved in the incident, on account of which he has also been implicated in the present case. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 2 , hence the impugned FIR is liable to be quashed.

Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.

After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:

(i) Investigation of the aforesaid case shall go on but the petitioner no.2 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.

(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.

With this direction, this petition is finally disposed of.

(Aniruddha Singh, J.)     (Ramesh Sinha, J.)

Order Date :- 13.9.2017/NS