Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15225 of 2019 Petitioner :- Harishchandra @ Chhangu And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ranjeet Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners and Sanyukta Singh, 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.246 of 2019, under Sections 323, 504, 506, 427, 354-B IPC and Section 3(2)(Va)SC/ST Act, Police Station Karwi Kotwali Nagar, District Chitrakoot.
The contention of learned counsel for the petitioners is that the petitioner no. 1 is a senior citizen is suffering from age ailment. He is aged about 80 years. It is further submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner no. 1 with the ulterior intention of harassing him; that 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 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 no. 1 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation as early as possible.
So far as petitioners no. 2 and 3 are concerned, it is directed that in case, petitioners 2 and 3 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 petitioners no. 2 and 3 surrender and apply for bail, whichever is earlier, no coercive action shall be taken against petitioners no. 2 and 3. However, in case, petitioners no. 2 and 3 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 of.
Order Date :- 30.5.2019 Puspendra