Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31327 of 2018 Petitioner :- Ajay And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogendra Singh Bohra,Shashi Kant Sharma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. in Case Crime No.881 of 2018, under sections 302, 506 IPC and 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), PS Deoband, District Saharanpur.
It is submitted by the learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no. 3 against the petitioners after an inordinate and unexplained delay of 3 years. Moreover, the postmortem report of the deceased (annexure-2) neither indicates any ante-mortem injury nor the cause of death could be ascertained. As on date, there is no evidence even prima facie indicating that the death of the deceased is homicidal or suicidal. Moreover, apart from bald allegations made in the F.I.R.,, which is highly belated, no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.
Per contra learned A.G.A. submitted that upon perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence against the petitioners is made out, and hence the impugned F.I.R. is not liable to be quashed.
From the perusal of the impugned F.I.R, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in 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 Vs. State of U.P. 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in above mentioned case, till the credible evidence is collected by the Investigating Officer during Investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 31.10.2018 Sazia