Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5095 of 2018 Petitioner :- Shailendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Pal Singh Rajpoot Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material available on record.
This writ petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 16.02.2018, which has been registered as Case Crime No. 66 of 2018, under Section 379, 411 IPC, Section 4/21 Mines Act, 1952 and Section 2/3 Public Property Damages (Prevention) Act, 1984, Police Station Aata, District Jalaun (Annexure No.1 to this writ petition).
It is contended by learned counsel for the petitioner that the petitioner has been falsely implicated and the allegation is that petitioner was illegally transporting the sand (morang) and the impugned FIR has been lodged by the police personnel against the petitioner.
It is next contended by learned counsel for the petitioner is that the motive of false implication of the petitioner is that the petitioner did not accept the demand of the police to give him every week money as the he illegally extracts from the public at large.
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 disposed of finally.
Order Date :- 27.2.2018 Nadim