Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4403 of 2018 Petitioner :- Sadik Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gayyoor Ali,Rajiv Sisodia Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the petitioner and learned A. G.
A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F. I. R. dated 19.06.2017 which has been registered as Case Crime No. 344 of 2017, under Sections 307, 420, 272, 273 IPC and Section 60/72 of U.P. Excise Act, Police Station Nakur, District Saharanpur.
It is contended that present proceeding have been initiated by the respondent no.3, based on fake recovery of liquor from the Tata Xenon Pickup on 19.06.2017, whereas fact of the matter is that petitioner is a farmer and also doing the work of guard of mango garden in the season. It is next contended that on 18.06.2017 when the respondent no.4 came at the house of the petitioner and took five packet mangoes and after demand for money for mangoes, the present proceedings have been initiated only to harass and built pressure upon the petitioner, which is bad in law. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R. Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner- Sadik shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 22.2.2018 Rameez .
(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)