Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24497 of 2019 Petitioner :- Ashwani Kumar Srivastava Respondent :- State of U.P. and Another Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Amit Kumar Singh, learned counsel for the petitioner and Sri Rajesh Mishra, learned A. G. A. for the State.
The prayers as made in the writ petition are to the following effect:
"A. Issue an appropriate writ, order or direction to call for records of all the 51 First Information Reports registered in District Ballia in the year 2006 as stated in para 13 of the writ i for the similar allegations and to quash and set aside the same pursuance to the petitioner, as the series of subsequent First Information Reports on same charges are illegal, arbitrary and violative of fundamental rights of the petitioner.
B. Issue a writ order or direction in the nature of Certiorari quashing first information report dated 06.05.2006, in Case Crime No. 56 of 2006, under sections 409, 419, 420, 467, 468, 471, 201, 218, 120-B and 34 IPC,
Police Station Rasara, District Ballia along with other first information report as stated in para 13 of the writ petition."
As far as prayer 'A' is concerned, apparently it cannot be granted in the present proceedings and same is misconceived and is accordingly rejected, as each case will be considered on its own merits and demerits.
As far as prayer 'B' is concerned, the same is being considered on merits in the present case.
With regard to prayer 'B' is concerned, learned counsel for the petitioner submitted that the petitioner has already retired from the service on 31.07.2015 and he has been falsely implicated in the present case. It is next contended that in the present case 51 FIRs have been lodged with more or less similar allegations. Matter requires deeper and fairer investigation before any arrest should be given effect to and the petitioner will participate and co-operate with the investigation; 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 petitioner(s) 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.
After having heard the submissions advanced by learned counsel for the parties present 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.
However, 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 the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible, preferably within three months from the date of production of certified copy of the order before the SSP concerned. The present order will be effective only for the present case.
It is being reiterated that the writ petition has been heard only with regard to prayer as made in clause 'B' of the prayers.
Order Date :- 28.11.2019 RPD