Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31116 of 2018 Petitioner :- Ram Ashrey Rai And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishnu Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,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 quash the impugned F.I.R. registered as Case Crime no. 324 of 2018, under Sections 147, 419, 420, 467, 468, 471, 504, 506, 352 I.P.C. and 3(1)(Da) and 3(1)(Dha) of S.C./S.T. Act, 1989, P.S.- Bansgaon, district- Gorakhpur.
Learned counsel for the petitioners submitted that the dispute between the parties is primarily of civil nature and the during the pendency of a civil suit between the parties, for the same subject matter, the impugned first information report has been lodged by the respondent no.3 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He 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 petitioners 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 petitioners.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioners and the nature of the 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 petitioners shall not be arrested in the aforesaid case subject to their extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 30.10.2018 Shalini