Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10546 of 2018 Petitioner :- Brijraj Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Exemption application is allowed.
Heard learned 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. 65 of 2018, under Sections- 306 IPC, P.S. Kidwai Nagar, district Kanpur Nagar.
Learned counsel for the petitioner submitted that Ravindra Shukla, nephew of first informant, who is running business namely "Sapna Heknocame", against whom Rs. 5 lacs as sales tax was due, because of which and the loss in the business, he has committed suicide and petitioner has no concern with the same, and he has been falsely implicated in the present case; 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 petitioners 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.
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 the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 25.4.2018 T.S.