Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22738 of 2018 Petitioner :- Grish And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Kumar Srivastava,Brijesh Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K.Srivastava, learned counsel for the petitioners,Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 28.7.2018, registered as case crime No.525 of 2018, under Sections 376, 452, 504, 506, 120-B I.P.C., P.S. South, District Firozabad.
It has been submitted by the petitioners that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that earlier an application under Section 156(3) Cr.P.C. was moved by respondent no.3 against the petitioners, which was treated as complaint by the learned Magistrate and statement of respondent no.3 and its witnesses were recorded under Sections 200 Cr.P.C. & 202 Cr.P.C., but she did not pursue the said complaint and lodged the impugned FIR against the petitioner no.1 and his his entire family members. He next argued that that the impugned FIR has been lodged by the respondent no.3 containing absolutely false, concocted, vague and sweeping allegations against the petitioners. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 2 to 6, hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos.2 to 6 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 21.8.2018/NS