Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 20262 of 2018 Petitioner :- Ashok Kumar Chaurasia And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neeraj Rai,Prateek Rai Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 0095 of 2018 under Sections 419, 420, 463, 465, 467, 468, 452, 323, 504, 506, 201 and 120B IPC Police Station Chetganj, District Varanasi.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; much reliance has been placed on the averments made in paras 12 to 16 of the writ petition; 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 alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in 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.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
So far as petitioner nos. 1, 3 and 4 are concerned, the following order is being passed;
After hearing learned counsel for petitioner nos. 1, 3 and 4 and learned AGA, it is directed that in case, petitioners appear and surrender before the Court below within two months from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh vs. State of U.P. For a period of two months from today or till petitioners surrender and apply for bail, whichever is earlier, no coercive action shall be taken against petitioner nos. 1, 3 and 4. However, in case, petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
So far as petitioner No.2 is concerned, the following order is being passed;
Considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that petitioner No.2 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner No.2 shall participate and co- operate with the investigation and police authorities are directed to complete the investigation in accordance with law.
With the aforesaid observations, the instant writ petition is finally disposed off.
Order Date :- 30.7.2018 P Kesari/swati