Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31372 of 2018 Petitioner :- Ratan Singh Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukul Tripathi Counsel for Respondent :- G.A.,Vikas Tripathi
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner, learned A.G.A. for the respondent Nos.1 to 3 and Sri Vikash Tripathi, learned counsel for the respondent No.4.
This writ petition has been filed by the petitioner with a prayer to quash the impugned F.I.R. dated 02.09.2018 registered as Case Crime No. 1406 of 2018 under Sections 147, 323, 420, 467, 468, 471 IPC, Police Station-Vijay Nagar, District-Ghaziabad.
It has been submitted by the learned counsel for the petitioner that the dispute between the parties is purely of civil in nature and impugned FIR lodged by respondent No. 4 against the petitioners containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. He next submitted that apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioner.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioner and the nature of the allegations made in the F.I.R., it is directed that till submission of police report under Section 173(2) Cr.P.C., the petitioner shall not be arrested in the aforesaid case subject to his extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 31.10.2018 Pr/-