Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7912 of 2018 Petitioner :- Pushp Pal Singh Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Arvind Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to stay the arrest of the petitioner in pursuance of the impugned F.I.R. dated 19.03.2018, which has been registered as Case Crime No. 099 of 2018, under Sections 342, 394, 506 IPC, Police Station Aliganj, District Etah.
It is contended by learned counsel for the petitioners that the impugned FIR has been lodged against the petitioners by the respondent no.3 Jawahar Singh with the allegation that the petitioners have confined and beaten his grandson Rajan Singh by the butt of fire arm.
It is next contended by learned counsel for the petitioners that when the petitioners did not permit the grandson of respondent no.3 to cheat and copy in the examination, then respondent no.4 has falsely implicated the petitioners in the present case.
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 :- 30.3.2018 Nadim