Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5053 of 2018 Petitioner :- Krishna And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Shukla 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 14.02.2018 lodged in Case Crime No.199 of 2018, under Sections 380, 457, 504 I.P.C., Police Station Kotwali Nagar, District Muzaffar Nagar.
Learned counsel for the petitioners contends that the petitioners have filed a civil suit in the court of Civil Judge (S.D.), Muzaffar Nagar for permanent injunction which was dismissed. There after the petitioners have filed restoration application before the court concerned which is still pending. The present proceeding has been initiated against the petitioners as a counter blast. The petitioners came to know about his implication in the said crime without there being any credible evidence against him in commission of alleged offence. 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 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 :- 27.2.2018 R