Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5541 of 2019 Petitioner :- Rishabh Shukal And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Abrar Khan Counsel for Respondent :- G.A.,Deepak Singh
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned counsel for the caveator, Sri Deepak Singh and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 26.1.2019 registered as Case Crime No. 73 of 2019, under Sections 323, 354, 498A, 504, 506 IPC and 3/4 D.P. Act, P.S. Naubasta, District Kanpur Nagar.
It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.3. Hence the FIR deserves 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 petitioners will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioner no.1 appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
It is further provided that no coercive action shall be taken against the petitioner nos. 2, 3 & 4 in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
Order Date :- 28.2.2019 Vandana