Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 2579 of 2019 Petitioner :- Arun Yadav And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,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 the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 19.1.2019 registered as Case Crime No. 0017 of 2019, under Sections 147, 148, 149, 307 IPC, Police Station Mubarakpur, District Azamgarh.
Learned counsel for the petitioners has submitted that the impugned FIR has been lodged by the respondent No.4 falsely implicating the entire family of petitioner No.1. It is next submitted that although in the FIR, it has been alleged that all the accused, who are ten in number, had fired indiscriminately at Satyam Singh and Vineet Singh, but the injury reports of both the injured (copies whereof have been brought on record collectively as Annexure-2) do not indicate any gun-shot wound. This irreconcilable discrepancy between the medical evidence qua the ocular evidence totally falsifies the prosecution case as spelt out in the FIR or at least it suggests that the prosecution case is highly exaggerated and possibility of false implication of several innocent persons cannot be ruled out. It is submitted by the learned counsel for the petitioners that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is 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. There is no ground for interference with 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 Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 31.1.2019 LN Tripathi