Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 37726 of 2018 Petitioner :- Shiv Kailash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajit Kumar,Ashish Bajpayee Counsel for Respondent :- G.A.,Harindra Prasad
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
Heard Shri Anant Kumar Dubey, Advocate, holding brief of Shri Ajit Kumar, learned counsel for the petitioner, Shri Harindra Prasad, learned counsel appearing on behalf of respondent No.4 and Shri Patanjali Mishra, 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.0597 of 2018 under Sections 376, 120B IPC, P.S. Phoolpur, District Prayagraj.
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 him; the present FIR as a counter blast has been lodged against the petitioner, who is a senior citizen aged about 60 years to build pressure upon him to enter into a compromise; much reliance has been placed upon the averments made in paragraph Nos. 4, 5, 6, 7, 8, 9 and 11 of the writ petition, contents of which are self explicit; 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 perusal of 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.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 20.12.2018 LN Tripathi