Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 1560 of 2019 Petitioner :- Smt. Rakesh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Mohan Chaudhary Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioners and learned A.G.A for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 01.12.2018 registered as Case Crime No. 1102 of 2018 State of U.P. Vs. Smt. Rakesh and others, under Sections 420, 467, 468, 471 and 506 I.P.C., P.S.-Tronika City, District- Ghaziabad.
It is submitted by the learned counsel for the petitioners that impugned FIR has been lodged by respondent no.3 containing absolutely false and concocted allegations against the petitioners with the ulterior motive to put pressure upon the petitioners to withdraw the civil suit filed by the petitioners nos. 1 and 2 against him for permanent injunction in which Civil Court has passed an order of ad interim injunction in favour of petitioners no.1 and 2.
It is next submitted by the learned counsel for the petitioners that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and 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 and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 22.1.2019 T.S.