Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 2642 of 2019 Petitioner :- Mahendra Kumar Patel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhupendra Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Bhupendra Kumar Tripathi, learned counsel for the petitioner and Sri J.K. Upadhyay, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 13.10.2018 in respect of Crime No. 692 of 2018 for the offence under Sections 452, 387 and 506 of I.P.C, P.S. Kotwali Karwi, District Chitrakoot.
According to the petitioner, on 23.04.2018 he made a complaint to District Basic Education Officer in respect of caste of respondent no.3, complainant, and pointed out that respondent no.3 has obtained a job on the basis of forged documents. The complaint made by the petitioner was duly entertained and an Enquiry Committee was constituted on 04.05.2018. Annoyed with the petitioner's complaint, on 16.08.2018 the complainant beaten the petitioner for which F.I.R. was lodged. Aggrieved with all these activities of the petitioner, a total false report has been lodged by the complainant on 13.10.2018 giving certain imaginary figure. Learned counsel submits that a bare reading of the F.I.R. would make it clear that all the allegations as levelled are totally fabricated and F.I.R. appears to have been drafted with the help of some legal person.
On the other hand, State counsel opposes the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioner, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioner cooperates in the investigation.
Order Date :- 31.1.2019 A. Tripathi/SK