Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7875 of 2018 Petitioner :- Shahwaj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Singh,Virendra Kumar Jaiswal Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with a prayer to stay the arrest of the petitioner in Case Crime No. 124 of 2018, under Sections 452, 323, 504, 506, 307, 427, 436 IPC, Police Station Hapur Nagar, District Hapur.
It is contended by learned counsel for the petitioner that it is a cross case and the petitioner has been falsely implicated in the present case and at this stage, it cannot be said as to who was aggressor.
It is next contended by learned counsel for the petitioner that the respondent no.4 has lodged an FIR against the petitioner with the allegation that the petitioner and other accused persons were abused and assaulted to him.
He has 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. has 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) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 30.3.2018 Nadim