Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5075 of 2018 Petitioner :- Digvijay Singh @ Baua Thakur @ Raja Sahab Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material available on record.
Supplementary affidavit has been filed by learned counsel for the petitioner today in the Court, which is taken on record.
This writ petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 06.12.2017, which has been registered as Case Crime No. 787 of 2017, under Sections 333, 353, 307, 120-B IPC, Police Station Panki, District Kanpur Nagar (Annexure No.1 to this writ petition).
Learned counsel for the petitioner has contended that the petitioner has been falsely implicated in the present case.
It is next contended by learned counsel for the petitioner that according to prosecution version, fire arm, used by Dinesh Singh, was put into the Bagia of the petitioner.
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 disposed of finally.
Order Date :- 27.2.2018 Nadim