Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5016 of 2019 Petitioner :- Ram Baran And 2 Others Respondent :- State Of U.P.And 3 Others Counsel for Petitioner :- Ansar Ahmad Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and Sri Yogeshwar Rai, 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.04 of 2019, under Sections 409, 420, 467, 468, 471, 120-B I.P.C. and Section 13(2) Anti Corruption Act, P.S. E.O.W. Sector Kanpur, District Etawah.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; contention is that the enquiry report on which the first information report was lodged was challenged before this Court in Criminal Misc. Writ Petition No.24104 of 2018 in which indulgence was granted and the effect and operation of the order dated 10.09.2018 was stayed; further it has been submitted that the said writ petition is still pending before this Court; 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 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.
After having heard the submissions advanced by learned counsel for the parties present 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 petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioners shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible.
Order Date :- 22.2.2019 R./