Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 4664 of 2018 Petitioner :- Rajendra Pratap Singh Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Arun Kumar Singh,Hari Har Prasad,Vijay Bahadur Singh, Sr. Advocate Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Akhilesh Chandra Sharma,J.
Learned counsel for the petitioner is permitted to make necessary correction in the prayer clause.
Heard Sri Vijay Bahadur Singh, learned Senior Advocate assisted by Sri Arun Kumar Singh and Sri Hari Har Prasad, learned counsel for the petitioner(s) and learned A. G. A. 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. which has been registered as Case Crime No. 220 of 2007, under Sections 406, 120B IPC and section 13(1)(d) R/w 13(2) PC Act, P.S.- Delhi Gate, District- Meerut.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); the petitioner is a senior citizen aged about 77 years and has retired from service on 30.6.2001; FIR has been lodged after a period of thirteen years and eight months; the sanction has been granted after a period of 24 years; much reliance has been placed upon the averment as made in paragraph nos. 22 and 24 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 petitioner(s) 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.
After having heard the submissions advanced by learned counsel for the parties present 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, 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 the police authorities are directed to complete the investigation as early as possible.
Order Date :- 23.2.2018 Kuldeep