Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 37327 of 2018 Petitioner :- Shaukendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sarvesh Kumar Pandey,Parvesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.0686 of 2018, under Sections 504, 452, 354, 376, 511, 506, IPC, Police Station Mawana, District Meerut.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; that the further contention is that at the time and place of the incident the petitioner was not even present at the place of occurrence, in fact he was on duty in his Company; that the further contention is that the present proceeding has been lodged by way of counter blast to the civil suit which is pending between the parties; that in support of his contention he relied upon the averments made in paragraph nos. 10, 12, 14, 15, 16, 17, 18 and 19 to the writ petition; further contention is that the matter needs a deeper and fair investigation before any arrest can be effected. Further contention of the counsel for the petitioner is 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 alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in 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.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 19.12.2018 VKG