Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 20295 of 2018 Petitioner :- Gajendra Pal Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Dubey Counsel for Respondent :- G.A.,Sunil Kumar Dubey
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Sri Vivek Chaubey has filed his Vakalatnama on behalf of opposite party No.3.
Heard learned counsel for the petitioner(s), Sri Vivek Chaubey has put an appearance on behalf of the opposite party No.3 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. dated 14.07.2018 which has been registered as F.I.R. No. 1433 of 2018, under Sections 420, 506 IPC, Police Station Sihanigate, District Ghaziabad.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; much reliance has been placed on the averments made in para 9 of the writ petition; 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(s) 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.
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 the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co- operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 30.7.2018 P Kesari/swati