Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11202 of 2019 Petitioner :- Omveer And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Naveen Kumar Yadav,Dinesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard Sri Dinesh Kumar Singh, learned counsel for the petitioners, Sri A.
C. Srivastava, learned counsel, who has filed his appearance on behalf of the respondent no.3 and Sri V. K. Pandey, learned AGA appearing 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.137 of 2019, under Sections 420, 467, 468, 471, 506, IPC, Police Station Sihani Gate, District Ghaziabad.
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; that much reliance has been placed on the averments made in paragraph nos.5 and onwards of the writ petition; that reliance has also been placed on the order of co-accused namely Vikram Yadav, copy of which is annexed on page no.111 of the writ petition; that the matter needs a deeper and fairer investigation before any arrest should be given effect to; 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 AGA as well as Sri A. C. Srivastava, learned counsel for the respondent no.3 has very strongly opposed the prayer with the contention that petitioners have played fraud. He further 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 :- 29.4.2019/VKG