Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10880 of 2018 Petitioner :- Naseeb Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Onkar Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Onkar Singh, learned counsel for the petitioners, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
The relief sought in this petition is for a direction to the respondents not to arrest the petitioners in Case Crime No.404 of 2017, under Sections 182, 195, 420, 468, 471 I.P.C. (newly converted Section in Place of Section 376 I.P.C.), Police Station Deoband, District Saharanpur till credible evidence is collected in pursuance of the FIR dated 17.3.2017.
Learned counsel for the petitioners submits that the FIR was lodged by a lady, namely, Smt. Monika against the one Masood Madni who has already got himself bailed out from the competent court, but during the course of investigation it was found that the allegation levelled by the victim was found to be false and Investigating Officer initiated proceeding against the petitioners. The allegation which has been levelled against the petitioner is just to facilitate the crime .The allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, arrest of the petitioners may be stayed by this Court.
Learned AGA opposed the prayer for staying arrest of the petitioners.
After having examined the submissions advanced by learned counsel for the parties, we find no good ground for staying the arrest of the petitioners in the aforesaid case, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 30.4.2018/NS