Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 35201 of 2018 Petitioner :- Om Prakash Gaur @ Leadar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deshraj Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Re: Cri. Misc. Recall Application No. 2 of 2018.
Heard learned counsel for parties and perused the record.
The recall application has been moved on behalf of the petitioner with a prayer to recall the order dated 04.12.2018 passed by the Co-ordinate Bench of this Court, whereby the petition is dismissed for non prosecution.
Considering the submission of the learned counsel for the petitioner, grounds taken in the affidavit is sufficient to recall the order dated 04.12.2018.
The recall application is allowed and the order dated 04.12.2018 is hereby recalled. The writ petition is restored to its original number.
Order Date :- 21.12.2018 JK Yadav .
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 35201 of 2018 Petitioner :- Om Prakash Gaur @ Leadar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deshraj Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,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 10.11.2018 registered as Case Crime No. 0358 of 2018, under Sections 147, 148, 149, 323, 504, 506, 507, 452, 436, 511, 332, 353l, 379 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Madhuban, District-Mau.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no. 4 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. He further submitted 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 the alleged crime and hence the impugned F.I.R. is liable to be quashed.
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 the petitioner shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioner shall not be entitled to any benefit of this order.
With the above direction, this petition is finally disposed of.
Order Date :- 21.12.2018 JK Yadav