Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7522 of 2018 Petitioner :- Kamlesh @ Kariya Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Prabodh Dubey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the impugned F.I.R. dated 24.10.2016, which has been registered as Case Crime No. 0309 of 2016, under Sections 419, 420, 467, 468, 471 IPC and Section 12 of Passport Act, Police Station Gola, District Gorakhpur.
It is contended by learned counsel for the petitioner that the respondent no.3 Ashok Yadav, Sub- Inspector, Police Station Gola, District Gorakhpur has lodged an FIR against the petitioner alleging therein that the petitioner is trying to get passport by changing his name.
It is next contended by learned counsel for the petitioner that the petitioner has never applied for new passport as the petitioner has valid passport and there is no necessity of another passport.
He has 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. has 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 petitioner and nature of allegations made in the F.I.R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 28.3.2018 Nadim