Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10419 of 2018 Petitioner :- Joginder And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manu Sharma,Dinesh Kumar Pandey Counsel for Respondent :- G.A.,Bhaju Ram Pprasad Sharma
Hon'ble Vipin Sinha,J. Hon'ble Rajiv Gupta,J.
Heard Sri Manu Sharma, learned counsel for the petitioners, Sri Bhaju Ram Prasad Sharma, learned counsel for opposite party 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. 0150 of 2018, under Section- 306 IPC, P.S.- Kotwali, district- Maharajganj.
Learned counsel for the petitioners submitted that petitioners have been named in the FIR on the basis of suspicion; the reason has been given in para-10 of the writ petition that a suit of injunction is pending between the father of petitioner no. 1 and 3 and mother and brother of the first informant; there is no eye witness account to the incident nor there is any evidence of abetment against the petitioners; the impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; 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.
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.
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.
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(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 24.4.2018 KU