Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 19841 of 2018 Petitioner :- Bharat Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Imran Ibrahim,Anurag Vajpeyi Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with prayer to quash the F.I.R. dated 25.6.2018 lodged in Case Crime No.240 of 2018, under Section 306 I.P.C., Police Station Ecotech-III, District Gautam Budh Nagar.
It is contended by the learned counsel for the petitioner that petitioner is brother-in-law of the deceased who has committed suicide as she was suffering from depression. It has further contended that petitioner and her family members have falsely implicated in the present case. It is next contended that mother- in-law of the deceased had filed Criminal Misc. Writ Petition No. 18075 of 2018 (Anita Vs. State of U.P. and 2 others) and arrest of the petitioner in that writ petition was stayed till submission of police report by this Court vide order dated 10.07.2018. It has been submitted by learned counsel for the petitioner 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. 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 petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 25.7.2018 Sartaj