Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 26516 of 2017 Petitioner :- Satyendra @ Satyendra Kumar Singh Respondent :- State Of U.P. And Anr. Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Mahboob Ali,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 06.05.2017 which has been registered as Case Crime No. 375 of 2017, under Sections- 147, 143, 332, 353, 352, 336, 504, 506, 427 IPC and Section 7 Criminal Law (Amendment) Act, 1932 and Section 3 Public Property Damage Prevention Act, 1984, police Station- Ghoshi, District Mau.
It is contended that petitioner is not named in the first information report, he is not present and has not created public nuisance at the time of accident, whereas present proceedings have been initiated only to put 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 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 :- 29.11.2017 T.S.