Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10418 of 2018 Petitioner :- Pradeep Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Chandra Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ravi Chandra Srivastava, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 21.9.2017 registered as case crime no. 490 of 2017 under sections 419, 420, 406, 323, 506 I.P.C., police station Sachendi, District Kanpur Nagar.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 4 containing absolutely false, concocted, vague and sweeping allegations against them. The co-accused Bhola has challenged the impugned FIR by means of a Crl. Writ Petition No.2784 of 2018 before this Court and a Coordinate Bench of this Court has granted relief to the co-accused Bhola vide order dated 6.2.2018(copy of the order of co-accused is taken on record), hence the petitioner nos.1 and 2 are also entitled for the same relief. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence, hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos. 1 and 2 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 3 is concerned, the petition stands dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 AU