Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 25530 of 2019 Petitioner :- Ranjana Kashyap Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aaftab Ahmad Rain,Kumar Amit Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard Sri D.P. Singh, learned Senior Advocate assisted by Sri Jitendra Kumar Singh, learned counsel for the petitioner, the learned AGA for the respondents-State and perused the record.
The instant writ petition has been filed by the petitioner invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the first information report dated 31.7.2019 bearing Case Crime No. 589 of 2019, under Sections 419, 420, 467, 468, 471, 448, 504 and 506 I.P.C., Police Station Colonelganj, district Prayagraj.
It is submitted by the learned counsel for the petitioner that the petitioner is unnecessarily being harassed by the police authorities. The first information report has been lodged by the respondent no. 4 with the allegations that the petitioner and other persons have manipulated fake papers for the purposes of taking illegal possession of the house in question and when the complainant raised objection that the petitioner has no right to do so, the petitioner and other persons have used vituperative words by extending threat of dire consequence. There is nothing on record to substantiate the allegation made against the petitioner rather it reflects the manoeuvring on the part of the respondent no. 4. Therefore, the first information report so lodged by the respondent no. 4 is liable to be quashed.
Per contra the learned A.G.A. contended that the allegations contained in the first information report cannot be nipped in the bud. There are sufficient materials showing the complicity of the petitioner in preparing the forged papers for the purposes of usurping the house of the complainant. The innocence of the petitioner cannot be adjudged at this stage.
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 or convincing 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.
With the above direction, this petition is finally disposed of.
Order Date :- 17.12.2019 Shahnawaz