Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7261 of 2018 Petitioner :- Arvind Kumar @ Arvind Kumar Panwar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Gautam,Ambarish Chatterji Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 30.1.2018 lodged in Case Crime No.0016 of 2018, under Sections 60,62,72 Excise Act and 420,467,468,471 and 120(B) I.P.C., Police Station Shivala Kalan, District Bijnor.
Learned counsel for the petitioner contends that the petitioner was posted as Constable and apprehended huge amount of liquor belonging to main accused Neeraj which was registered as case crime no. 104 and 105 of 2017 under section 307,420,467,468,471 and 120(B) I.P.C. and 60/72 of Excise Act For this act the petitioner was given an Cash award of Rs. 600/-. It is further contended that the petitioner has been falsely implicated in this case on the basis of the statement made by main accused Neeraj. The petitioner came to know about his implication in the said crime without there being any credible evidence against him in commission of alleged offence. 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 :- 23.3.2018 R