Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19965 of 2018 Petitioner :- Abhay Singh Rajpoot And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Dubey,Mohit Gautam Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K.Dubey, learned counsel for the petitioners, Sri N.K.Verma, 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 FIR dated 29.6.2018, registered as case crime No.481 of 2018, under Sections 376, 504, 506 I.P.C., P.S. Tilhar, District Shahjahanpur.
It has been submitted by the petitioners that as per the FIR, the main allegation has been levelled against the petitioner no.1 who established some relationship with respondent no.4 and when their relationship could not materialize, respondent no.4 lodged the impugned FIR against the petitioner no.1 including petitioner no.2 who is uncle of petitioner no.1. He further submitted that the impugned FIR has been lodged by the respondent no4 containing absolutely false, concocted, vague and sweeping allegations against the petitioners. 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 no.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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 26.7.2018/NS