Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7273 of 2018 Petitioner :- Himanshu And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Rai,Vikas Sharma Counsel for Respondent :- G.A.,Arvind K. Pandey
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, learned A. G. A. for the State and Arvind K. Pandey, learned counsel for the caveator-respondent.
This writ petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 11.03.2018 lodged in Case Crime No.0125 of 2018, under Sections 452, 504, 506, 354(B), 323 I.P.C., Police Station Amroha Nagar, District Jyotiba Phule Nagar.
It has been submitted by learned counsel for the petitioners that the petitioner nos.1, 2 and 3 are real brothers, petitioner no.4 is the uncle of the petitioner nos. 1, 2, 3 and father of the petitioner no.5 and the allegations against them are on the occasion of Holi, the petitioners misbehaved with the respondent no.3. Learned counsel further contends that it is highly improbable that all the petitioners including the father and son as well nephew will together commit the alleged offence. He further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 23.3.2018 S.Ali