Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11120 of 2019 Petitioner :- Shesh Nath Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Chaturvedi,Pradeep Kumar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Sri Sanjeev Kumar Tiwari, Advocate has been filed his appearance on behalf of respondent no. 3 and has also filed the short counter affidavit.
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.
160 of 2018, Under Sections 419, 420 I.P.C., and 7 of Prevention of Corruption Act, 1988 ,Police Station Badpura, District, Etawah.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; petitioner has been implicated on the basis of general allegation; matter requires deeper and fairer investigation before any arrest should be given effect to and the petitioner will participate and co-operate with the investigation; in paragraph no. 2 of the said short counter affidavit it has been stated that the police has pressurized the deponent to make a application against the petitioner; in paragraph no. 4 there is mentioned that petitioner has never been demanded any money i.e. lodged in the FIR; 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.
In view of the aforesaid, no useful purpose would be served in keeping the present application pending before this Court and short counter affidavit filed on behalf of respondent no. 3 will be make part of case diary.
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.
After having heard the submissions advanced by learned counsel for the parties present 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 the police authorities are directed to complete the investigation as early as possible.
Order Date :- 29.4.2019 Swati