Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7937 of 2018 Petitioner :- Pankaj Yadav @ Birendra Kumar Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F. I. R. dated 13.11.2015 which has been registered as Case Crime No. 780 of 2015, under Sections-147, 467, 468, 471, 406, 420 IPC, police station Kotwali, district Kanpur Nagar so far it relates to the petitioner.
It has been submitted by learned counsel for the petitioner that in the matter of similarly situated co-accused Vivek Kumar Singh @ Vivek Singh Chauhan, Suresh Kumar alias Suresh Kushwaha and Rajesh Singh another Bench of this Court has passed orders on 23.3.2018, 03.5.2017 and 11.1.2017 in Criminal Misc. Writ Petition No.7148 of 2018, 7144 of 2017 and 384 of 2017, copies of which orders have been collectively filed as annexure-3. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 30.3.2018 faraz