Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10489 of 2018 Petitioner :- Chandra Alias Chndr Pal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioner pursuant to the impugned F.I.R. dated 17.03.2018 registered as Case Crime No. 0089 of 2018, under Section- 363 IPC, P.S.- Koraon, District- Allahabad.
Learned counsel for the petitioner has 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; 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.
We have perused the FIR and from perusal of the allegations as 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 liable to be quashed.
Reference may be made to the judgment of the Apex Court rendered in the case of R. Kalyani v. Janak C. Mehta and Others reported in 2009 (1) SCC 516. The said decision has also been followed by the Apex Court in the case of Kamlesh Kumari and Ors. v. State of U.P. and Ors. reported in 2015 AIR SCW 3700.
After hearing the learned counsel for the parties, perusing the impugned FIR, looking to the statement of the girl under Section 164 CrPC and keeping in view the law laid down by the Apex Court in the aforementioned cases, the Court is of the opinion that no case for grant of any indulgence is made out.
With the aforesaid observations, this writ petition is rejected.
However, it is provided that in case petitioner appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004
(57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Order Date :- 24.4.2018 Nadim