Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25754 of 2019 Petitioner :- Rajendra Singh And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradyumn Kumar Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Pradyumn Kumar, learned counsel for the petitioners and the learned A.G.A. for the State-respondent.
The petitioners in the present writ petition are seeking quashing of the F.I.R. dated 30.11.2019 registered as Case Crime No.653 of 2019, under Sections 147, 323, 504, 506, 427 and 392 I.P.C., Police Station Sarai Inayat, District Prayagraj (Allahabad) with a further prayer not to arrest them in pursuance of the said first information report.
As per allegations made in the F.I.R. which has been lodged by respondent no.4 against the petitioners, on 28.11.2019 at about 10.20 P.M. when the marriage ceremony of one Ratnesh Singh was going on, petitioners assaulted the respondent no.4 and misbehaved with women and children and also took away one gold chain, hence, the impugned F.I.R.
Learned counsel for the petitioners contended that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioners. It is further contended that the present F.I.R. is nothing but a counter blast to the F.I.R. lodged by the petition no.3 against the respondent no.4 on 30.11.2019, hence, the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 18.12.2019 Ajeet