Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25568 of 2019 Petitioner :- Shera Pandit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawankumar Dubey Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
The petitioner in the present writ petition is seeking quashing of the F.I.R. dated 15.02.2019 registered as Case Crime No.117 of 2019, under Sections 398 and 401 I.P.C., Police Station Tilhar, District Shahjahanpur with a further prayer not to arrest him in pursuance of the said first information report.
Learned counsel for the petitioner contended 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 the petitioner. The petitioner is not named in the F.I.R. The name of petitioner appears in the confessional statement of one of the co-accused. It is further contended that no incriminating article has been recovered from the possession of the petitioner. It is lastly contended that the apart from bald allegations made in the impugned FIR, no evidence is forthcoming even prima facie indicating the complicity of the petitioner in the commission of the alleged offence and, hence, the impugned FIR is liable to be quashed.
Per contra 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 :- 16.12.2019 Ajeet