Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36960 of 2018 Petitioner :- Ajay Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Narayan Yadav Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri S.N. Yadav, learned counsel for the petitioner and learned AGA for State.
This writ petition has been filed by the petitioner seeking quashment of the FIR dated 21.11.2018 in respect of Case Crime No. 829 of 2018 of 2018 under Sections 452, 354(A), 354(B), 323, 504, 506 of IPC,Police Station Jahangirabad, district, Bulandshahar.
Learned Counsel for the petitioner submits that on 12.11.2018, a suit has been decreed in favour of petitioner in which, husband of respondent no.3 was defendant no.2. As the husband of the prosecutrix has lost case in the civil court, on 21.11.2018, a total false report has been lodged against the petitioner by respondent no.3 implicating him under Sections 452,354(A),354(B),323,504,506 of IPC. It has been argued that the present report is nothing but a pressure tactics applied by the husband of respondent no.3 and if the petitioner is arrested, he may suffer an irreparable loss.
On the other hand, learned State counsel opposes the submission.
Be that as it may, keeping in mind the nature of allegation levelled against the petitioner, we are not inclined to quash the first information report. The petition in that respect is dismissed.
However, in the larger interest, considering the nature of allegations, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.
P.C before the Court concerned.
It is made clear that this order would remain effective till the petitioner cooperates in the investigation.
Order Date :- 18.12.2018//Shahid