Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 2823 of 2019 Petitioner :- Bhemsen Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Vashisth Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard Mr. Rishabh Singh holding brief of Mr. Manoj Vashisth, leanred counsel for the petitioner and 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. 154 of 2018, under Sections- 498A, 377, 323, 354A, 376, 354B IPC and section 3/4 D. P. Act, P.S.- Bahsooma, District Meerut.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; controversy involved in issue is matrimonial in nature; the petitioner happens to be husband of respondent no.3; much reliance has been placed on the averments made in paragraph nos. 9 to 14 of the writ petition; reliance has also been placed the order passed in the case of co-accused, copy of which has been annexed on page 22 of the writ petition; 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 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.
After having heard the submissions advanced by learned counsel for the parties present 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 present and also keeping in view the law as laid down by the Apex Court in the case of B. S. Joshi v. State of Haryana; 2003 (4) SCC 675, and Rajesh Sharma and Others v. State of U.P. And others (SLP (Crl.) No. 2013 of 2017 decided on 27.7.2017), we dispose of this writ petition with the direction that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner shall participate and co-operate with the investigation.
Order Date :- 31.1.2019 Mini