Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5076 of 2018 Petitioner :- Mangla Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Prakash Upadhyay,Rajesh Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material available on record.
This writ petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 0610.2017, which has been registered as Case Crime No. 0455 of 2017, under Sections 419, 420, 467, 468, 471 IPC, Police Station Koraon, District Allahabad (Annexure No.1 to this writ petition).
It is contended by learned counsel for the petitioner that the respondent no.4 moved an application before the Additional Superintendent of Police, Jamunapar with the fact that few persons along with an unknown lady committed cheating and forgery with the respondent no.4 and false and fabricated sale deed executed against one Naveen Kumar Shukla.
It is next contended by learned counsel for the petitioner that on the direction of Additional Superintendent of Police, Jamunapar, FIR has been lodged.
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 petitioner 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) CrPC 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 Nadim