Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1709 of 2019 Petitioner :- Rajkumar Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brij Bhushan Prasad Shrivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F. I. R. dated 19.12.2016, registered as Case Crime No. 647 of 2016, under Sections-419, 420 and 409 I. P. C., P. S.-Nebu Narangiya, district- Kusi Nagar.
It has been submitted by learned counsel for the petitioner that the impugned F.I.R. has been lodged by the respondent no. 4 against the petitioner containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. He has further submitted 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 the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra, learned A. G. A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioner.
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 the nature of allegations made in the F.I.R., it is directed that till the submission of police report under Section 173(2) Cr.P.C., the petitioner shall not be arrested in the aforesaid case subject to his extending full cooperation during investigation.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 22.1.2019 Rahul.