Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30489 of 2018 Petitioner :- Pramod Kumar Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bal Krishna Rai Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Supplementary affidavit filed on behalf of the petitioners in the Court today is kept on record.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 12.10.2018 registered as Case Crime No. 269 of 2018, under Section 376-D, 452, 506 I.P.C. & 3 (2) (V) S.C./S.T. Act, P.S.-
Sarai Khwaja, District- Jaunpur.
It is submitted by learned counsel for the petitioners that the petitioners are real brothers and the wife of petitioner no. 2, Devendra Pratap is Gram Pradhan. The petitioner no. 2, Devendra Pratap and three other persons filed a complaint before the Basic Shiksha Adhikari on 22.09.2017 alleging therein that the respondent no. 3 was trying to seek engagement as Shiksha Mitra on the basis of fake and forged documents. On the complaint so filed, an enquiry was instituted and the allegations made by the petitioner no. 2, Devendra Pratap and others were found to be correct and accordingly the respondent no. 3, Smt. Anita was denied engagement as Shiksha Mitra. Another complaint was lodged by the petitioner no. 2, Devendra Pratap before the Assistant Engineer, Junior Divison, P.W.D., Jaunpur stating therein that the respondent no. 3 had encroached upon P.W.D.s land and constructed her house thereon. After an enquiry, an order was passed for demolition of the boundary wall of the house of the respondent no.
3. It is next submitted that as a counterblast and as a measure of vendetta, the respondent no. 3 has lodged the impugned F.I.R. falsely alleging commission of offences by both the petitioners u/s 376-D, 452, 506 I.P.C. & 3 (2) (V) S.C./S.T. Act. It is further submitted that the respondent no. 3 has not got her statement recorded u/s 164 Cr.P.C. till date. Specific averment in this regard has been made in paragraph 2 of the supplementary affidavit filed in the Court today. Moreover, 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 petitioners 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.
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. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 30.10.2018/KS