Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7642 of 2018 Petitioner :- Daya Shankar Harijan And Another Respondent :- State Of U.P.
Counsel for Petitioner :- Mukesh Kumar Singh,Pankaj Kumar Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with a prayer not to arrest the petitioners in pursuance of the impugned FIR dated 28.02.2018 in Case Crime No. 55 of 2018, under Sections 354 Kha, 506, 506 IPC, Police Station Manda, District Allahabad.
It is contended by learned counsel for the petitioners that it is a cross case and the petitioners have been falsely implicated in the present case and at this stage, it cannot be said as to who was aggressors.
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 petitioners and nature of allegations made in the F.I.R., it is directed that the petitioners 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