Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7557 of 2018 Petitioner :- Pyare Lal Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar Srivastava Counsel for Respondent :- G.A.,Rajendra Singh
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner, learned A. G. A. for the State and Sri Rajendra Singh learned counsel for the respondent- caveator.
This writ petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 11.03.2018 lodged in Case Crime No.44 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kapsethi, District Varanasi.
It has been submitted by learned counsel for the petitioner that the allegations against the petitioner is that he had forged documents and shows himself to be adopted son of Sri Shiv Shankar on the basis of the same he applied for gun licence and also trying to usurp the property of the respondent no.3. Learned counsel further contends that matter is purely of civil nature which has been dragged into criminal prosecution of the petitioner which is bad in law. He 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. 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 petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 28.3.2018 S.Ali