Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15031 of 2019 Petitioner :- Bobby Jacob And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gulab Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Gulab Singh Yadav, counsel for the petitioner and Sri V. K. Pandey, learned AGA appearing 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. dated 25.02.2014 which has been registered as Case Crime No.446 of 2014, under Sections 376, 323, 506, IPC, Police Station Kotwali Sadar Sub District Bareilly, District No. 70/2014.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; that basically there is dispute with regard to a commercial transaction and it does not required any custodial interrogation and further the matter need a deeper and fairer investigation before any arrest should be given effect to; that the matter needs a deeper and fairer investigation before any arrest should be given effect to; that 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, hence the impugned F.I.R. is not liable to be quashed.
We have perused the impugned FIR which shows that basically there is dispute with regard to a commercial transaction At the very outset it was informed that the FIR is of 25.02.2014. It has been informed that the dispute in question being a civil dispute. The parties have given inspiration that the matter may be settled amicably. However, now with the malicious intention the present FIR has been lodged.
Having heard the submissions advanced by learned counsel for the parties 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, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation as early as possible from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 29.5.2019/VKG