Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 2805 of 2019 Petitioner :- Jai Prakash And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kuldeep Kumar Counsel for Respondent :- G.A.,Krishna Kumar Yadav
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners, Sri K.K. Yadav, learned counsel for the respondent no.3 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. 1504 of 2018, under Sections 452, 376, 511, 307 and 506 IPC, P.S. Sikandrabad, District Bulandshahar.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; petitioners have been implicated on the basis of general allegation; with regard to the incident dated 25.7.2018 the FIR was lodged on 27.12.2018 in pursuance of an application under Section 156(3) Cr.P.C.; the present FIR has been lodged after five months of the alleged incident; much reliance has been placed on the averments made in paragraph nos. 7, 8, 9, 12 and 14; 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 petitioners 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.
Sri K.K. Yadav, learned counsel for the respondent no.3 and learned A.G.A. have very strongly and vehemently opposed the present writ petition but they cannot be refuted the contention that the respondent no.3 happens to be father-in-law of the daughter of petitioner no.3.
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 petitioners 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 the police authorities are directed to complete the investigation as early as possible, preferably within three months from the date of production of certified copy of the order.
Order Date :- 31.1.2019 Mini