Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24908 of 2019 Petitioner :- Nirbhaya Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava,Ramanuj Tripathi Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 19.10.2019 registered as Case Crime NO.130 of 2019, under Sections 420,467,468,471 IPC, P.S. Chandaus, District Aligarh.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no.4 at the behest of respondent no.5 containing absolutely false and concocted allegations against the petitioner that the petitioner had applied for license of gun (SBBL Gun) before the District Magistrate by moving application along with false affidavit concealing the fact that he has several criminal cases to his credit. He further submitted that there is no such complaint of any competent authority in respect of irregularity or committing fraud or forgery in procuring arm licence who is already possessed with a licence of revolver/pistol. 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 the alleged crime and hence the impugned F.I.R. is liable to be quashed which is politically motivated to tarnish his image in the society.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C, subject to the restraint that he shall co- operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 19.12.2019 M. Tariq