Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 36759 of 2018 Petitioner :- Alok Kumar Singh And Anaother Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhai Kumar Tiwari,P.K. Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 01.11.2018 registered as Case Crime No. 0458 of 2018, under section 147, 148, 149, 307, 323, 324, 352, 504, 506 I.P.C. and section 7 Criminal Law (Amendment) Act, 1932, P.S. Kotwali, District Ballia.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no. 3 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioners shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 19.12.2018 Bhanu