Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34106 of 2018 Petitioner :- Ajeet Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rabindra Bahadur Singh Counsel for Respondent :- G.A.,Anil Kumar Srivastava
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 31.10.2018 registered as Case Crime No. 1089 of 2018, under Sections 498A, 323, 326, 504, 506 I.P.C., P.S.- Malpura, District- Agra.
It is submitted by the learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no. 3 who is the wife of petitioner no. 1, Ajeet Singh roping in his entire family including his father petitioner no. 2, Chob Singh, mother petitioner no. 3, Smt. Ram and sister petitioner no. 4, Kumari Pinki containing absolutely false and concocted allegations regarding commission of offences by them u/s 498A, 323, 326, 504, 506 I.P.C. He next submitted that the petitioner nos. 2 and 3, Chob Singh and Smt. Ram Sri have already been arrested and sent to jail. He further submitted that the petitioner no. 4, Kumari Pinki has been falsely implicated in the present case by the respondent no. 3 with the ulterior intention of harassing her although no cognizable offence against her is made out and her case is clearly distinguishable from that of other petitioners. He next submitted that apart from bald allegations made in the F.I.R., no 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.
After having heard the learned counsel for the parties present and perused the impugned F.I.R. as well as other material brought on record, we are not inclined to quash the impugned F.I.R.
However, in view of the peculiar facts and circumstances of the case and submissions made by the learned counsel for the petitioners, we dispose of this writ petition with the following conditions:-
1. The investigation of the aforesaid case shall go on but the petitioner no. 4, Kumari Pinki shall not be arrested till the submission of police report under Section 173(2) Cr.P.C., subject to her extending full cooperation during investigation.
2. Qua petitioner no. 1, Ajeet Singh, this writ petition stands dismissed. However, considering the nature of the allegations, it is directed that in case he appears before the court concerned within four weeks from today and applies for bail, the same shall be considered and disposed of expeditiously by the courts below.
Order Date :- 27.11.2018/KS