Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26017 of 2019 Petitioner :- Shailendra Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Kaushik Counsel for Respondent :- G.A.,Bhupendra Kumar Yadav
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner, Sri B.K. Yadav, learned counsel for the respondent no.4 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 F.I.R. dated 0214 of 2019, under Sections 420, 467, 468, 471 I.P.C., Police Station- Fariha, District- Firozabad.
Learned counsel for the petitioner has further submitted that the impugned first information report has been lodged by respondent No. 4 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. 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.
Learned counsel for the petitioner has further submitted that in respect of the similar allegations this Court has passed the order in Criminal Misc. Writ Petition No. 24912 of 2019 on 07.12.2019 granting interim protection whereby the arrest of the petitioner in the said writ petition has been stayed till submission of police report under Section 173 (2) Cr.P.C.
Per contra, the learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner 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 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 he 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 :- 19.12.2019 Israr