Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 1649 of 2019 Petitioner :- Shahran Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Sri C.P. Singh, learned counsel for the petitioner has filed supplementary affidavit, is taken on record.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 11.12.2018 registered as Case Crime No. 293 of 2018, under Sections 452, 279, 427, 504, 307, 337, 338 IPC, P.S. Jarcha, District Gautam Budh Nagar.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no. 3 containing absolutely false and concocted allegations against the petitioner 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 petitioner in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, 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 petitioner, it is directed that the petitioner 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 the petitioner 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 :- 22.1.2019 Saurabh