Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 37218 of 2018 Petitioner :- Nathuni And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M J Akhtar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Exemption application is allowed.
Heard learned counsel for the petitioners 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.0459 of 2018, under Sections 323, 452, 376, 511, IPC, Police Station Kaptanganj, District Kushinagar.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; much reliance has been placed on the averments made in paragraph nos. 7, 8, 9, 10 of the affidavit for false implication. Further contention of the counsel for the petitioners is that 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 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.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 19.12.2018/VKG