Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33203 of 2018 Petitioner :- Ashwani Kumar @ Shahanshah And Another Respondent :- State Of U.P. And 3 Othrs Counsel for Petitioner :- Munna Lal,Pramod Kumar Srivastava Counsel for Respondent :- G.A.,Santosh Kumar Yadav
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed on behalf of the petitioners in the Court today is kept on record.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 to 3 and Sri Santosh Kumar Yadav, learned counsel for the respondent no. 4.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 02.11.2018 registered as Case Crime No. 359 of 2018, under Sections 323, 504, 506, 354(Kha), 392 I.P.C., P.S.- Tharwai, District- Allahabad.
It has been submitted by the learned counsel for the petitioners that the impugned F.I.R. has been lodged by respondent no. 4 containing absolutely false and concocted allegations against the petitioners pursuant to the order passed by the concerned Magistrate on the application moved by her u/s 156 (3) Cr.P.C. as a counterblast to the F.I.R. lodged by the petitioner no. 1, Ashwani Kumar @ Shahanshah against the brother of the respondent no. 4 in respect of an incident in which three persons had received injuries. He further submitted that as per the report submitted by the police in response to the order passed by the Magistrate on the application of the respondent no. 4 u/s 156 (3) Cr.P.C., it was clear that neither any such incident had taken place nor anyone had received injury. Moreover, apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned FIR, which is a bundle of lies and product of malice, 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 allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned F.I.R., 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 petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 26.11.2018 KS