Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 14960 of 2019 Petitioner :- Arvind Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indresh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Siddharth,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner invoking extraordinary jurisdiction of this court with the prayer to quash the first information report dated 12.2.2019 registered in Case Crime No. 57 of 2019, under Sections 147, 148, 149, 302, 120-B I.P.C., P.S. Kotwali Mau, district Mau.
It is submitted by the learned counsel for the petitioner that in the first information report, it is alleged that five unknown persons had arrived at the house of the complainant and called her husband and thereafter they made indiscriminate firing upon him and committed his murder. The applicant was not at all present at the time of the incident as he was at a different place at the alleged time of incident. During the course of investigation the complicity of the petitioner has been surfaced. The petitioner has been made an accused with mala fide intention to cause sheer harassment and has been made an accused by adding Section 120-B IPC, hence the impugned first information report is liable to be quashed.
Per contra the learned A.G.A. contended that the allegation contained in the first information report cannot be aborted at this stage. The petitioner will have ample opportunity to rebut the allegations made against him. The plea of alibi that he was present some where else cannot be considered at the primitive stage.
From the perusal of the first information report prima facie cognizable offence is made out against the petitioner whose complicity surfaced during course of investigation. The petitioner is involved in serious offence. No ground exists to stay the arrest of the petitioner. Therefore, the prayer for quashing the impugned first information report is refused. The writ petition sans any merit and is accordingly dismissed.
However, considering the nature of the allegations made in the first information report and submissions made by learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in accordance with law.
Order Date :- 29.5.2019 Shahnawaz