Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7920 of 2018 Petitioner :- Munendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijaya Shankar Shukla 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. 523 of 2014, under Sections 420, 407, 468, 471, 120-B IPC, Police Station Kotwali, District Bareilly.
It is contended by learned counsel for the petitioner that the respondent no.3 has lodged an FIR against some persons with the allegation that the land has been sold by way of impersonation. The petitioner is not named in the said FIR and he has no connection with the said offence.
It is next contended by learned counsel for the petitioner that the name of the petitioner has been disclosed in the statement recorded under Section 161 CrPC of the co-accused Smt. Neelam. The petitioner has been falsely implicated in the present case.
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 finally disposed of.
Order Date :- 30.3.2018 Nadim