Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5112 of 2018 Petitioner :- Kallu And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F. I. R. dated 28.12.2017 which has been registered as Case Crime No. 1073 of 2017, under Sections-394 IPC, Police station Handia, district Allahabad so far it relates to the petitioners.
It has been submitted by learned counsel for the petitioners that civil litigation is pending between the respondent No.4 and father of the petitioner for which second appeal No. 259 of 2016 is pending before this Court. It is contended that the respondent No.4, who is Teacher and a news editor had fallen down from motorcycle and sustained injury and using that, the petitioner has been falsely implicated, which is bad in law. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 27.2.2018 faraz