Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 2549 of 2019 Petitioner :- Rajmani Nishad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Chaddha Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner 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. 504 of 2018, under Sections 323, 325, 504, 506 and 376 IPC, P.S. Gorakhnant, District Gorakhpur.
Learned counsel for the petitioner submitted 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 petitioner; petitioner has been implicated on the basis of general allegation; the first informant is 70 years of old lady having six children; the FIR has been lodged in pursuance of an application under Section 156(3) Cr.P.C. on account of some monitory dispute; the petitioner had given some financial assistance to the first informant and when the money was not returned back, the present proceedings has been initiated; the matter needs deeper and fair investigation before any arrest could be given affect.
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 shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible.
Order Date :- 31.1.2019 Mini