Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33972 of 2018 Petitioner :- Saket Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brajesh Singh,Prem Shankar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 12.11.2018 registered as Case Crime No. 274 of 2018, under Sections 379, 411, 420, 467, 468, 471, 332, 353, 387, 504, 506 IPC and Section 4/21 the Mines & Minerals (Regulation & Development Act, 1957), P.S.- Kabrai, District-Mahoba.
It has been submitted by learned counsel for the petitioner that the main allegations in the impugned FIR are against co-accused Yogendra, who was driving the truck, which was intercepted and who had handed over two MM-11 forms to the respondent no.3, which are alleged to be forged. He next contended that the forms MM-11 were not given by the petitioner and on the basis of allegations made in the impugned FIR, no cognizable offence against the petitioner is disclosed and his case is clearly distinguishable from that of co-accused Yogendra. He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and the impugned FIR, which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.11.2018 AK Pandey