Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 36846 of 2018 Petitioner :- Neeraj Goyal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with a prayer to quash the impugned FIR dated 30.11.2018 registered as Case Crime No.1188 of 2018, under sections 420, 467, 468, 471, 447, 295, 297, 504, 506, 120B IPC, P.S. Jagdishpura, District Agra.
It is submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by respondent no.4 against 27 persons including the petitioners as a counterblast to the FIR lodged by co-accused Harpal Singh against the closely associated persons of the respondent no.4. It is next submitted that this Court has granted interim protection to the co-accused Harpal Singh by order dated 17.12.2018 passed in Criminal Misc.Writ Petition No.36655 of 2018 and the case of the petitioners is also on the similar footing. It is submitted that FIR has been lodged by the respondent no.4 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He further submitted that apart from the bald allegations made in the impugned FIR no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence the impugned FIR is liable to be quashed.
Per contra, learned AGA submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioners.
From the perusal of the impugned FIR, it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfereing in the FIR, therefore, the prayer for quashing the impugned FIR is refused.
However, considering the submissions made by learned counsel for the petitioners and the nature of allegations made in the FIR, it is directed that till the submission of police report under section 173(2) Cr.P.C., the petitioners shall not be arrested in the aforesaid case subject to their extrending full cooperation during invstigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 18.12.2018 SKD