Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 1571 of 2019 Petitioner :- Pintu @ Shahid Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Bhan Dubey,Umesh Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,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 issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 24.07.2018 registered as Case Crime No. 691 of 2018, under Sections 454, 380, 411/34 I.P.C., P.S.-Khatauli, District Muzaffar Nagar.
It is submitted by the learned counsel for the petitioner that impugned FIR has been lodged by respondent no.4, who is a police constable containing absolutely false and concocted allegations against the petitioner as a counter blast to the complaint filed by the petitioner's father against respondent no.4 on 22.09.2018 before the Senior Superintendent of Police, Muzaffar Nagar (page 33 of the paper book) alleging demand of money from him.
It is next submitted by the learned counsel for the petitioner that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioner will not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 22.1.2019 T.S.