Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 1586 of 2019 Petitioner :- Net Ram And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhaskar Bhadra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State. This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 25.11.2018 registered as Case Crime No. 1146 of 2018, under Section 328 IPC, P.S. Baheri, District Bareilly.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by respondent no. 3, Bhagwan Das, who is the father-in-law of Sangeeta and who is the daughter of petitioner No.1 and sister of petitioner Nos. 2 & 3, containing absolutely false and concocted allegations against the petitioners that they had given poison to Ramesh while he was staying with them during the pendency of the application filed by Sangeeta against her husband, Ramesh under Section 125 Cr.P.C. with an ulterior intention of pulling pressure upon her to withdraw the said application. He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned FIR, which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 22.1.2019 LN Tripathi