Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31067 of 2018 Petitioner :- Ram Prakash And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Sahu 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 AGA for the State.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 12.10.2018 registered as Case Crime No. 539 of 2018, under Sections 452, 354, 323, 504, 506 I.P.C. P.S.- Nigohi, District- Shahjahanpur.
It is submitted by learned counsel for the petitioner that the impugned FIR has been filed by respondent No. 3 is absolutely false and concocted allegations against the petitioner. As counter blast to the FIR lodged by the petitioner No. 1 against the husband of the respondent No. 3. He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned FIR, which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 30.10.2018 C. MANI