Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15238 of 2019 Petitioner :- Girja Shankar Upadhyay And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners, Sri Chhote Lal Pandey, learned Senior Advocate assisted by Sri M.N. Singh, learned counsel for the complainant and Sri Mithilesh Kumar, 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.1211 of 2018, under Sections 419, 420, 467, 468 IPC, P.S. Cantt, District Varanasi.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; that the matter needs deeper and fairer investigation before any arrest should be given effect to and the petitioners 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 petitioners 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 First Information Report, we have also gone through the averment made in the writ petition and we have also heard Sri Chhote Lal Pandey, learned Senior Advocate at length. So far as petitioner no. 1 is concerned, the following order is being passed;
Considering the peculiar facts and circumstances of the case, the submissions advanced by learned counsel for the parties and the fact that petitioner no. 1 is a senior citizen, aged about 90 years, as mentioned in paragraph no. 16 of the writ petition, we direct that petitioner no.1 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner no.1 shall participate and co-operate with the investigation.
So far as petitioner nos. 2 to 4 are concerned, looking into the nature of allegations, no case for indulgence is made out and the following order is being passed;
It is directed that in case, petitioner nos. 2 to 4 appear and surrender before the court below within two months from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of two months from today or till petitioner nos. 2 to 4 surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, petitioner nos. 2 to 4 do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, the instant writ petition is finally disposed off.
Order Date :- 30.5.2019 SR