Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 19956 of 2018 Petitioner :- Nagendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Yadav,Shashank Kumar Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F. I. R. dated 05.7.2018 which has been registered as Case Crime No. 0471 of 2018, under Sections-354-Kha, 354-GHa, 366, 511, 306/511, 506 IPC, police station Hasanpur, district Amroha (Jyotiba Phule Nagar) so far it relates to the petitioner.
It has been submitted by learned counsel for the petitioner that the F.I.R. has been lodged after seven months of the alleged incident, which itself falsifies the prosecution story. It is contended that the allegation against the petitioner is that he was trying to harass the daughter of the respondent No.3 and tried to kidnap her. It is contended that as the petitioner had solemnized marriage somewhere else and her marriage could not take place with the petitioner, respondent No.3 has initiated present proceedings against the petitioner, which is bad in law. He 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. 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) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 26.7.2018 faraz