Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30245 of 2018 Petitioner :- Faisal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 10.9.2018 registered as Case Crime No.576 of 2018, under Sections 323, 354, 342, 504, 506 IPC, P.S.- Banna Devi, District- Aligarh.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no.3 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. It is further submitted that the impugned F.I.R. has been lodged as a counterblast to the F.I.R. lodged by the petitioner no.3 against respondent no.3 and his family members. It is lastly submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is 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. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 26.10.2018 Shalini