Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 2549 of 2017 Petitioner :- Smt. Pushpa Devi Respondent :- State Of U.P. And 5 Ors. Counsel for Petitioner :- Mani Shanker Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Daya Shankar Tripathi,J.
Heard learned counsel for the petitioner)s) and learned AGA for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari for quashing the impugned FIR, which has been registered as Case Crime No. 024 of 2018, under Sections 419, 420, 120B, 189 IPC & Section 8 of the Prevention of Corruption Act, P.S. Barhpura, District Etawah.
Learned counsel for the petitioner (s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; apart from the bad allegations made in the impugned FIR, no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commissin of alleged offence and hence the impugned FIR which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the impugned FIR, it cannot be said that no cognizable offence is made out, hence the impugned FIR is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned FIR.
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(s) shall participate and co-operate with the investigation and police authorities shall conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 26.2.2018 v.k.updh.