Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34710 of 2018 Petitioner :- Latif And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Zafar Abbas Counsel for Respondent :- G.A.,Amrendu Singh
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner(s), Sri Amrendu Singh, learned counsel for the private respondent and learned A. G. A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 223 of 2018, under Section 376/511, 452, 147, 323 IPC, P.S.- Raunapar, District- Azamgarh.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); petitioners have been implicated on the basis of general allegation and on account of previous enmity; an incident took place in which both the sides have received injuries and the present proceedings have been launched by way of a counter blast; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in 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.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible, preferably within a period of three months from the date of production of certified copy of the order.
Order Date :- 30.11.2018 Kuldeep