Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16092 of 2019 Petitioner :- Rajni And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- G.A.,Raj Kumar Dhama
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Rai Sahab Yadav holding brief of Sri Sanjay Kumar Srivastava, learned counsel for the petitioners, Sri Raj Kumar Dhama, learned counsel for respondent No.3, Sri Irshad Hussain, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned F.I.R. dated 21.05.2019 registered as Case Crime No. 194 of 2019, under Sections 420 and 506 I.P.C., P.S. Khekra, District- Baghpat.
Learned counsel for petitioners has submitted that petitioner No.1 happens to be real unmarried sister of the co-accused Raju and the petitioner No.2 happens to be the friend. It has been submitted by the learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no.3 containing absolutely false, concocted, vague and sweeping allegations against petitioners. It has next been submitted that apart from the bald allegations made in the F.I.R. no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 1 and 2 hence the impugned FIR is liable to be quashed.
Per contra Sri Raj Kumar Dhama, learned counsel for respondent No.3 and learned A.G.A. for the State submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned F.I.R. as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner No.1 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to her cooperation during investigation.
(ii) As far as the petitioner no. 2 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
Order Date :- 11.6.2019 Shubhankar (Vivek Varma, J.) (Ramesh Sinha, J.)