Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5059 of 2018 Petitioner :- Lallu Mistri And 03 Others Respondent :- State Of U.P And 02 Others Counsel for Petitioner :- Sanjay Kumar Dwivedi 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 14.1.2018 lodged in Case Crime No.043 of 2018, under Sections 147,148,323,504,506,353,427 I.P.C. and 3(1) (X) S.C./S.T.
Act,Police Station Kotwali, District Mathura.
Learned counsel for the petitioners contends that the dispute between the petitioners anad respondnet no.3 has been compromised anad they have given an application before S.S.P Mathura which is annexed as Annexure No.4. to the writ Petition. 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 R