Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34326 of 2018 Petitioner :- Ramveer Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Kumar Singh Chauhan Counsel for Respondent :- G.A.,Krishna Kant Yadav
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Sri Mahendra Kumar Singh Chauhan, learned counsel for the petitioner, Sri Vinod Kumar Yadav, Advocate, holding brief of Sri Krishna Kant Yadav, learned counsel for the respondent no.3 and Sri Jhamman Ram, 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.0573 of 2018, under Sections 366, 342, 376-D, 370, IPC, Police Station Behjoi, District Sambhal (Bheem Nagar).
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioners; with regard to the incident dated 29.07.2018 the FIR has been lodged on 19.09.2018; further contention is that the co-accused Jugal Kishore has also been granted indulgence by another Bench of this Court vide order dated 26.10.2018, passed in Criminal Misc. Writ Petition No. 30316 of 2018; much reliance has been placed on the averments made in paragraph nos. 7, 8, 9 and 10 of the affidavit filed in support of the writ petition. The further contention of the counsel for the petitioner is 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 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 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 28.11.2018/VKG