Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15013 of 2019 Petitioner :- Avdhesh Kumar Goel And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akshay Mohiley Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Anoop Trivedi, learned senior counsel assisted by Sri Akshay Mohileylearned counsel for the petitioner(s) and Sri Yogeshwar Rai, 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. 0007 of 2019 u/s 420, 406 IPC PS Sector 20 District Gautam Budh Nagar.
The Court has been informed that in five other cases the petitioners were arrested and they have been granted bail in all the cases, however in one case they have not been able to furnish the bonds, thus as on date they are in jail.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioner(s); as far as the present FIR is concerned, much reliance has been placed on the averments made in para 13 of the writ petition; the matter needs deeper and fairer investigation before any arrest should be given effect to and the petitioner(s) will participate and cooperate 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.
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.
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(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co-
operate with the investigation and police authorities shall conclude the investigation as expeditiously as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 29.5.2019 SP