Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31115 of 2018 Petitioner :- Mayawati And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raju Kumar,Brijesh Kumar Yadava,Narendra Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 28.9.2018 registered as Case Crime No.0165 of 2018, under Sections 406, 409 IPC and Section 4, 10 U.P. Protection of Tree Act, 1976, P.S.- Badgaon, District- Saharanpur.
It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged by respondent no.4 against the petitioners after an inordinate and unexplained delay of 18 years, containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. It is further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed. and hence, the impugned F.I.R. is 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. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 30.10.2018 Shalini