Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31161 of 2018 Petitioner :- Girish Chandra Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Deo Mishra,Shri Ram (Rawat) Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 22.09.2018 registered as Case Crime No. 248 of 2018, under Sections 386, 504, 506 I.P.C., P.S. Machhali Shahar, District Jaunpur.
Learned counsel for the petitioner submitted that the impugned F.I.R. has been lodged by the respondent no. 3 containing absolutely false and concocted allegations against the petitioner as a counter blast to the complaint filed by the petitioner against him before the Consumer Forum Jaunpur (Annexure-3). Moreover apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioner's complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 30.10.2018 SA