Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7890 of 2018 Petitioner :- Babli And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Vikram Yadav Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare, J. Hon'ble Rajiv Gupta, J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with a prayer to stay the arrest of the petitioners in Case Crime No. 321 of 2018, under Sections 147, 323, 452, 504, 506 IPC, Police Station Khurja Nagar, District Bulandshahar.
It is contended by learned counsel for the petitioner that the petitioner no.1 Smt. Babli is the wife of real cousin brother of the respondent no. 3 Rahul.
It is next contended by learned counsel for the petitioners that the respondent no. 3 Rahul has lodged an FIR against the petitioners with the allegations that the petitioners alongwith 22-25 unknown persons entered in his house and started beating him and misbehaved with his family members.
He has further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence, the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of 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.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein prima facie cognizable offence is made out, hence, there is no scope for interfering with the impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F.I.R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 30.3.2018 Nadim