Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15132 of 2019 Petitioner :- Dharmendra Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shashank Tripathi Counsel for Respondent :- G.A.,Sudhir Kumar Srivastava
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner, Sri Sudhir Kumar Srivastava, learned counsel for the complainant 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.120 of 2019, under Sections 323, 392, 504, 506 IPC, P.S. Kotwali, District Kanpur Nagar.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; that the matter needs deeper and fairer investigation before any arrest should be given effect to and the petitioner will participate and cooperate with the investigation; 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.
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.
We have perused the record, First Information Report and also the injury report, as has been produced before the Court.
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 looking into the nature of allegation, we dispose of this writ petition with the direction that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation and police authorities shall conclude the investigation as expeditiously as possible. The police report will be submitted within three months.
It is further directed that the concerned S.P./S.S.P. will personally look into the matter and do the needful.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 29.5.2019 SR