Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 18444 of 2018 Petitioner :- Ajay Rajbhar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ambika Prasad Tewari Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
It is contended by learned counsel for the petitioner that for the reasons detailed in paragraph-2 of the supplementary affidavit, there are no laches on the part of the petitioner in approaching this Court.
This writ petition has been filed by the petitioner with a prayer to quash the F. I. R. dated 11.9.2017 which has been registered as Case Crime No. 612 of 2017, under Sections-363, 366 IPC, police station Kotwali, district Deoria so far it relates to the petitioner.
It has been submitted by learned counsel for the petitioner that bare perusal of the statement of the victim recorded under Section 164 Cr.P.C., copy of which has been filed as annexure-2 would go to show that main allegation has been made upon Amarjeet Chaurasiya and there is no allegation made against the petitioner for commission of the alleged offence, therefore, criminal prosecution of the petitioner 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 petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner 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 :- 30.7.2018 faraz