Annu And 4 Others vs State Of U.P. And 3 Others
2018 Latest Caselaw 3386 ALL

Citation : 2018 Latest Caselaw 3386 ALL
Judgement Date : 27 October, 2018

Allahabad High Court

Annu And 4 Others vs State Of U.P. And 3 Others on 27 October, 2018

Bench: Bala Krishna Narayana, Ravindra Nath Kakkar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 30403 of 2018
 

 
Petitioner :- Annu And 4 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Satya Prakash Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Ravindra Nath Kakkar,J.

Heard learned counsel for the petitioners and learned AGA for the State.

This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 17.08.2018 registered as Case Crime No. 333 of 2018, under Sections 363, 366, 504, 507 I.P.C. and Section 7/8 POCSO Act, P.S.-Sarailakhansi, District-Mau.

It is submitted by learned counsel for the petitioners that petitioner nos. 1, 3, 4 and 5 are close relative of petitioner no. 2 Vikas Singh @ Vikki who as per the F.I.R. allegations has kidnapped the daughter of respondent no.4. The F.I.R. further discloses that petitioner nos. 1, 3, 4 and 5 have been nominated as accused only on the basis of suspicion rather than any tangible evidence. The case of the petitioner nos. 1, 3, 4 and 5 is clearly distinguishable from that of petitioner no. 2 Vikas Singh @ Vikki. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating petitioners' complicity in the commission of the alleged crime and the impugned FIR qua the petitioners is 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. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.

With the above directions, this petition is disposed of finally.

Order Date :- 27.10.2018

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