Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7638 of 2018 Petitioner :- Shiv Sagar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Singh,Amit Kumar Dixit Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the material available on record.
This writ petition has been filed with a prayer to stay the arrest of the petitioners in Case Crime No. 31 of 2018, under Sections 379, 504, 506, 429 IPC, Police Station Tindwari, District Banda.
It is contended by learned counsel for the petitioners that the petitioner no.1 Shiv Sagar and the respondent no.4 Ganga Sagar are the real brother and there is a dispute between them with regard to the agricultural land.
It is next contended by learned counsel for the petitioners that initially, respondent no.4 has lodged an NCR against the petitioners. Thereafter, respondent no.4 has moved an application under Section 155(2) of CrPC dated 07.03.2018 with the prayer to investigate the matter by the police.
He has further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence, the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of 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.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein prima facie cognizable offence is made out, hence, there is no scope for interfering with the impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F.I.R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 28.3.2018 Nadim