Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 10917 of 2019 Petitioner :- Saroj Kumar And 2 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Rashid Ali Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Learned counsel for the petitioners is permitted to make necessary correction to the writ petition.
Supplementary affidavit filed by the learned counsel for the petitioners in Court today, is taken on record.
Heard Sri Rashid Ali, learned counsel for the petitioners 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 F.I.R. dated 13.04.2019, registered as Case Crime No. 0036 of 2019, under Sections 352, 382, 504 and 506 I.P.C., Police Station-Ghorawal, District-Sonebhadra.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no.4 Rabi Singh containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence the impugned F.I.R. is liable 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 perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent 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 petitioners, it is directed that the petitioners 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 they 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 :- 25.4.2019 Rahul.