Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11230 of 2019 Petitioner :- Rajesh Kumar Pal And Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lok Nath Shukla,Raj Kumar Tiwari Counsel for Respondent :- G.A.,Saurabh Srivastava
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard Sri Raj Kumar Tiwari, learned counsel for the petitioners, Sri Saurabh Srivastava, learned counsel for the complainant and Sri V. K. Pandey, learned A.G.A. appearing for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. 11.04.2019, which has been registered as Case Crime No.333 of 2019, under Sections 420, 406, 467, 468, 471, 120-B, IPC, Police Station Naubasta, District Kanpur Shahar.
Learned counsel for the petitioners has very fairly informed the Court that the petitioner no.3 namely Rajesh Kumar Gupta @ Rakesh has already been arrested, hence no relief can be granted to the petitioner no.3 in this writ petition.
He further submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; that the matter needs a deeper and fairer investigation before any arrest should be given effect to; that 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 petitioner 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.
Looking to the nature of the controversy in issue, no purpose will be served in keeping the matter pending before this Court any further. Accordingly the writ petition is disposed of with the following directions:-
(i) As far as the petitioner nos.1, 2, 4 and 5, namely Rajesh Kumar Pal, Mukesh Pal, Ravi Kumar Gupta and Mohan Kumar, are concerned, this application is finally disposed of with a direction that if the petitioner nos.1, 2, 4 and 5, appear and surrenders before the court below within 60 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 60 days from today or till the petitioner nos.1, 2, 4 and 5, surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the petitioner nos.1, 2, 4 and 5. However, in case, the petitioner nos.1, 2, 4 and 5, does not appear before the Court below within the aforesaid period, coercive action shall be taken against him. However, if any of the petitioner no.1, 2, 4 and 5 have already been arrested, this order order will not be given effect to for the said petitioner.
(ii) As far as the petitioner nos.6 and 7 namely Smt. Sapna Gupta and Smt. Nisha Gupta are concerned(who are woman), we dispose of this writ petition with the direction that the petitioner nos.6 and 7 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner nos.6 and 7 shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 29.4.2019 VKG