Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7505 of 2018 Petitioner :- Karna Singh @ Amrendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sumant Kumar Tiwari 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 F.I.R. dated 05.03.2018 lodged in Case Crime No. 188 of 2018, under Sections 354, 376, 504, 506, 427 I.P.C., Police Station Kotwali, District Deoria.
It has been submitted by learned counsel for the petitioner that the respondent no.3 was working as a house maid in the house of the petitioner and on 09.05.2017 she was caught red-handed stealing some household items for which she was reprimanded in the presence of the neighbours and after ten days of the said incident, the present prosecution has been initiated by the respondent no.4 against the petitioner with the sole intention to harass him, therefore the proceedings is nothing but an abuse of the process of 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 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) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 28.3.2018 S.Ali