Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7437 of 2018 Petitioner :- Pawan Tyagi And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with a prayer not to arrest the petitioners in pursuance of the F.I.R. dated 27.02.2018, which has been registered as Case Crime No. 103 of 2018, under Sections 60, 72 of the Excise Act and Section 307 IPC, Police Station Chhaprauli, District Baghpat.
It is contended by learned counsel for the petitioners that when respondent no.4 Vijay Kumar Singh, Station House Officer, Police Station Chhaprauli, District Baghpat, was patrolling with his team, he received an information from a police informer that the petitioners are coming on two cars from Haryana carrying illegal wine.
It is contended by learned counsel for the petitioners that the respondent no.4 Vijay Kumar Singh, Station House Officer, Police Station Chhaprauli, District Baghpat, has lodged the FIR against the petitioners. He has further contended that the vehicle in question does not belong to the petitioners, from which alleged recovery is said to have been made.
It is next contended by learned counsel for the petitioners that apart from the alleged information given by the police informer, there is no direct or indirect evidence against the petitioners connecting them with the crime in question.
He has 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. has 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 petitioners and nature of allegations made in the F.I.R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 28.3.2018 Nadim