Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26667 of 2018 Petitioner :- Bhagwant Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Sharma,Prashant Sharma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This petition has been filed by the petitioner with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 245 of 2018, under section-306, 120-B and 201 IPC at P. S.-Saidan Gali, district-
J. P. Nagar.
It has been submitted by learned counsel for the petitioner that from the perusal of the impugned F. I. R. it transpires that the entire allegations are against co-accused Vinod, who is the son of the petitioner whereas petitioner has been falsely implicated in the present case only for the purpose of harassment. He has further submitted that apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the petitioner's complicity in the commission of the alleged crime, hence, the impugned f. I. R. is liable to be quashed qua petitioner.
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 F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction with the direction that the investigation of the aforesaid case shall go on but the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to his extending full cooperation in the investigation.
Order Date :- 25.9.2018 / HR