Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7902 of 2018 Petitioner :- Smt. Malti Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jadu Nandan Yadav,Arimardan Yadav 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 with a prayer to stay the arrest of the petitioner in Case Crime No. 398 of 2017, under Sections 195, 120-B IPC, Police Station Thathiya, District Kannauj.
It is contended by learned counsel for the petitioner that the petitioner Sm.t Malti Devi has lodged an FIR against two persons, namely, Avinas Singh and Ashish Singh with regard to the kidnapping of her husband Ram Kumar. Thereafter, her husband has been recovered on 6/7.11.2017 by the Police.
It is next contended by learned counsel for the petitioner that after recovery, the statement of her husband has been recorded, in which, he has stated that he himself had gone and now, he has returned.
He has 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. has 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) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 30.3.2018 Nadim