Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17035 of 2019 Petitioner :- Harveer Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Jeet Upadhyay Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 22.7.2018 registered as Case Crime No. 436 of 2018 under Section 420, 467, 468, 471, 120B IPC, P.S.
Daurala, District Meerut.
It is submitted by the learned counsel for the petitioner that the petitioner who is merely a member of the Gram Panchayat of Village Ajhota, P.S. Daurala, District Meerut has nothing to do with regard to distribution of essential commodities to the card holders. The entire allegation contained in the first information report is absolutely false and concocted and has been made against the petitioner with some ulterior intention of harassing him. He further submitted 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 the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that he shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 24.6.2019 A. V. Singh