Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 13900 of 2018 Petitioner :- Mussarat Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Haya Rizvi Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 0210/2018 under Section- 306, 323 IPC P.S.- Sahaswan, district- Badaun.
We have perused the FIR.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in 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.
After hearing learned counsel for the parties and after perusing the averments as made in the instant writ petition, the Court is of the opinion that no case for quashing of the FIR is made out.
However, it is directed that in case, petitioner appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 28.5.2018 Anand