Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 20186 of 2018 Petitioner :- Ashok Kumar Dixit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhay Raj Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioner and with further prayer for quashing the impugned FIR dated 21.01.2015, registered as Case Crime No.15 of 2015, under Sections 420, 467, 468, 471 I.P.C., Police Station Meerganj, District Bareilly.
It is submitted by learned counsel for the petitioner that the impugned FIR has been lodged after an inordinate and unexplained delay of about two years containing absolutely false and concocted allegations against the petitioner regarding commission of offences by them under Sections 420, 467, 468, 471 I.P.C. It is further submitted that apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating their complicity in the commission of the alleged crime and for the aforesaid reason the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner. As far as the question of lack of evidence in support of the allegation made in the impugned FIR is concerned the same shall be collected during investigation and the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.7.2018 Anand Sri./-