Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15713 of 2019 Petitioner :- Shekhar Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Srivastava,Ravitendra Pratap Singh Chandel Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner, Sri V.K. Pandey, 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. dated 5.5.2019 which has been registered as Case Crime No.362 of 2019, under Sections 420, 467, 468, 471, 506 IPC, Police Station Murad Nagar District Ghaziabad.
Learned counsel for the petitioner submitted that there is no criminal history of the petitioner as mentioned in para 16 of the writ petition. It is further 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.
Learned for the complainant-respondent has very strongly opposed the submissions made by learned counsel for the petitioner.
That the matter needs a deeper and fairer investigation before any arrest should be given effect to; 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 as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 31.5.2019 Puspendra