Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34431 of 2018 Petitioner :- Phul Chandra @ Khurtali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nigamendra Shukla Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and learned A. G. A. 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. dated 2.3.2018 which has been registered as Case Crime No. 108 of 2018, under Section 147, 148, 333, 307, 332, 353, 506 IPC, P.S.- Karchana, District- Allahabad.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner; it has been contended by learned counsel for he petitioner that it is a case of no injury and no one have received injuries. The said averment has been made in paragraph 10 and 11 of the affidavit filed in support of the writ petition. He further submitted that petitioner has been implicated on the basis of general allegation; 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 A. G. A. has 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 .
After having heard the submissions advanced by learned counsel for the parties present 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 petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner shall participate and co- operate with the investigation and the police authorities are directed to complete the investigation as early as possible.
Order Date :- 29.11.2018 Manoj