Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 7578 of 2018 Petitioner :- Ram Awadh Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Srivastava,Siddharth Niranjan,Sr. Advocate Sri Dharampal Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Chandra Dhari Singh,J.
Heard Sri V.P. Srivastava learned senior counsel appearing for the petitioner(s) 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.196 of 2013 u/s 409,420,120B IPC and Section 13(1) (c) (d) read with Section 13(2) Prevention of Corruption Act PS Samsabad District Farrukhabad.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; the FIR was lodged on 18.7.2013 and sanction for prosecution was granted on 27.8.2016; it has been mentioned in para 4 of the writ petition that investigation is still pending and charge sheet has not yet been filed; much reliance has been placed on the averments as made in para 14 onwards of the writ petition; 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(s) in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
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.
Having heard the submissions advanced by learned counsel for the parties 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(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co- operate with the investigation and police authorities shall conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 28.3.2018/SP