Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 4793 of 2019 Petitioner :- Chandra Pal Sonkar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyendra Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Satyendra Kumar Triapthi, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 23.1.2019 registered as Case Crime No.89/2019, under Sections 504 IPC and Section 3/4 of the D.P. Act, P.S. Chakeri, Kanpur Nagar.
It is submitted by learned counsel for the petitioner that the impugned FIR has been lodged, on false / mischievious / vexatious allegations coupled with the fact that no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence, the impugned FIR is liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 21.2.2019 Chandra