Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1688 of 2019 Petitioner :- Jagan Lal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
The exemption application is allowed.
Heard learned counsel for the petitioner and 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. 2047 of 2015, under Sections 376 and 506 IPC, P.S. Sungadhi, District Pilibhit.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; petitioner has been implicated on the basis of general allegation; with regard to the incident dated 28.10.2015 the FIR was lodged on 31.10.2015; the counsel for the petitioner has drawn the attention of the Court to the averments made in paragraph 7 to the writ petition onwards explaining the previous criminal cases between the parties in which in one case the proceeding has been initiated by the petitioner in which the other side has already been convicted and the appeal is pending before this Court; in view of the facts and circumstances as has been elaborated in the affidavit filed in support of the writ petition, the matter needs deeper and fair investigation before any arrest could be given affect; 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.
After having heard the submissions advanced by learned counsel for the parties present 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 shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible.
Order Date :- 22.1.2019 Mini