Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34428 of 2018
Petitioner :- Jamaluddin @ Jalaluddin
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Mohd. Akbar Shah Alam Khan
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner(s) 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. 974 of 2018, under Section- 2/3 U.P. Gangster Act & Prevention of Anti Social Activities Act, 1986, P.S.- Khatauli, District- Muzaffar Nagar.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); 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(s) 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.
We have perused the FIR and from perusal of the allegations as 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.
I have also perused the statement of the victim recorded under Section 164 Cr.P.C. wherein the petitioner has been named.
Reference may be made to the judgment of the Apex Court rendered in the case of R. Kalyani v. Janak C. Mehta and Others reported in 2009 (1) SCC 516. The said decision has also been followed by the Apex Court in the case of Kamlesh Kumari and Ors. v. State of U.P. and Ors. reported in 2015 AIR SCW 3700.
After hearing learned counsel for the parties and after perusing the impugned FIR and in view of the law as laid down by the Apex Court in the aforementioned cases, the Court is of the opinion that no case for grant of any indulgence is made out.
However, it is provided that in case, petitioner appears and surrenders before the court below within 30 days from today and applies for bail, his 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 30 days from today or till petitioner surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against petitioner. However, in case, petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, the writ petition is disposed of. Order Date :- 29.11.2018 LN Tripathi