Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34415
of 2018
Petitioner :- Raees @ Bhura And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
Certified copy of the F.I.R. is taken on record.
This writ petition has been filed with the prayer to stay the arrest of the petitioner in pursuance of First Information Report dated 14.11.2018 in Case Crime No. 120 of 2018, under Section 498-A, 323, 504, 506, 377 of I.P.C. & 3/4 D.P. Act, Police Station Mahila Thana, District Bijnor.
Learned counsel for the petitioners submitted that the petitioner is the husband and the parties are trying to sought out the issue outside the court; impugned first information report has been lodged by the complainant- respondent no. 3 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioner; entire family members have been implicated in the present case on the basis of general allegations; much reliance has been placed on the averments made in para 8 onwards of the writ petition apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in 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.
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 F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana; 2003(4) SCC 675 and Rajesh Sharma and others v. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition (Crl.) No.2013 of 2017, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners 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 :- 29.11.2018 sweta