Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 26213 of 2017 Petitioner :- Servesh Kumar Yadav Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Pushpendra Singh,Santosh Kumar Rai Counsel for Respondent :- G.A.,Neeraj Dube
Hon'ble Rajesh Dayal Khare,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner, learned A. G. A. for the State and Sri Neeraj Dubey for respondent no.3.
This writ petition has been filed by the petitioner with a prayer to quash the F. I.
R. dated 07.11.2017 which has been registered as Case Crime No. 1491 of 2017, under Sections- 504, 506 IPC and 3(1) (d) SC/ST Act, 1989, Police Station- Kotwali Nagar, District Bulandshahar.
It has been contended by the learned counsel for the petitioner that on account of sheer malice, present first information report has been lodged by the respondent no.3 at the behest of official concerned only to 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 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 :- 27.11.2017 T.S.