Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7894 of 2018 Petitioner :- Ram Babu Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Manish Kumar Nigam Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed with a prayer to stay the arrest of the petitioner in pursuance of the impugned F.I.R. dated 17.11.2017, which has been registered as Case Crime No. 0315 of 2017, under Sections 304 IPC, Police Station Shahi, District Barielly.
It is contended by learned counsel for the petitioners that the respondent no.3 Smt. Jamwati has lodged impugned FIR against the petitioner after six months of the death of her husband Devidas.
It is next contended by learned counsel for the petitioner that the allegation against the petitioner is that petitioner has murdered his husband Devidas on account of some money transaction.
He has further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence, the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of 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.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein prima facie cognizable offence is made out, hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F.I.R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 30.3.2018 Nadim