Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11289 of 2019 Petitioner :- Jitendra And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikash Chandra Tiwari Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,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. 0055/2019, under Sections- 147, 148, 308, 452, 427, 504 IPC, P.S.- Pawara, district- Jaunpur.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; entire family members have been implicated in the present case on the basis of general allegations; much reliance has been placed upon paragraph nos. 2 to 5 to the affidavit accompanying the writ petition; 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 .
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.
Having heard the submissions advanced by learned counsel for the parties 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.
So far as petitioner nos. 1, 2, 3, 4, 5 and 9 are concerned, the following order is being passed;
We have perused the FIR and looking to the allegation as made in the FIR against petitioner nos. 1, 2, 3, 4, 5 and 9, no case for grant of any indulgence is made out.
However, it is provided that in case, petitioner nos. 1, 2, 3, 4, 5 and 9 appear and surrender within two weeks from today before the court below and apply for bail, their prayer for bail shall be considered and decided expeditiously in accordance with law.
So far as petitioner nos. 6, 7, and 8 are concerned, the following order is being passed;
Considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties and the fact that petitioner nos. 6, 7 and 8 are the women with no previous criminal history, we dispose of this writ petition with the direction that petitioner nos. 6, 7 and 8 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner nos. 6, 7 and 8 shall participate and co-operate with the investigation.
With the aforesaid observations, the instant writ petition is finally disposed off.
Order Date :- 29.4.2019 Kuldeep