Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7636 of 2018 Petitioner :- Chandra Shekhar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
Learned counsel Sri Devendra Darma has filed his vakalatnama on behalf of the respondent no. 3. It is taken on record.
This writ petition has been filed with a prayer to stay the arrest of the petitioner in Case Crime No. 0114 of 2018, under Sections 420, 467, 468, 471, 323, 506 IPC, Police Station Banna Devi, District Aligarh.
It is contended by learned counsel for the petitioner that the matter of co-accused persons Smt. Manju Lata Sharma and two others has been disposed of by another Bench of this Court vide order dated 16.03.2018 in Criminal Miscellaneous Writ Petition No. 6451 of 2018. The copy of the said order has been filed as annexure no. 6 to this writ petition.
He has further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence, the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of 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.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein prima facie cognizable offence is made out, hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F.I.R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 28.3.2018 Nadim