Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24879 of 2019 Petitioner :- Awdhesh @ Saitan And 12 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Pal Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Learned counsel for the petitioners has filed supplementary affidavit, the same is taken on record.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the F.I.R. dated 22.03.2019, registered as Case Crime No.56 of 2019, under Sections 147, 148, 149, 341, 307, 332, 353, 427, 336, 436, 188 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station-Awagarh, District-Etah.
It has been submitted by learned counsel for the petitioners that the named accused persons have earlier approached this Court, whereby they were granted protection of their arrest stay till the submission of the police report u/s 173(2) Cr.P.C. After investigation, the charge-sheet was submitted against them and they again approached this Hon'ble Court by filing Application u/s 482 Cr.P.C., wherein it was directed that no coercive action shall be taken against them while issuing notices to the opposite parties. It has been further submitted that the impugned First Information Report has been lodged by respondent no.3 containing absolutely false and concocted allegations in respect of the alleged incident dated 22.03.2019. The petitioners have been roped in the present case with the ulterior intention of harassing them who are not named in the First Information Report and even no charge-sheet has been submitted against them so far. Hence, the F.I.R. is liable to be quashed.
Per contra, learned A.G.A. contended that the allegations made in the First Information Report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences are made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of. Order Date :- 17.12.2019 SK Goswami