Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5096 of 2019 Petitioner :- Ram Kishor Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Yadav Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 5.7.2018 registered as Case Crime No.677 of 2018, under Section 409 IPC, P.S. Katghar, District Moradabad.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no.3 on 7.1.2019 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. The petitioner has nothing to do with the alleged offence as he had already been retired from his service on 31.1.2018, which is evident from the FIR itself, hence his case is distinguishable from the case of co-accused persons. 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 petitioner 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. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioner shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
It is further directed that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been submitted, the petitioner shall not be entitled to any benefit of this order.
The writ petition stands disposed of.
Order Date :- 25.2.2019 M. Tariq