Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 38056 of 2018 Petitioner :- Shyam Alias Mahdev Sahani Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- K.K.Rao,Santosh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ghandikota Sri Devi,J.
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.0414 of 2018, under Sections 323, 376, 506, IPC, Police Station Badhalganj, District Gorakhpur.
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 the petitioner; that the police after investigation has submitted a report with the contention that the matter appears to be false one; reliance also placed on paragraph nos 7, 8, 9, 10 and 11 of the writ petition and in para-10 of the writ petition, it has been specifically mentioned that on the applications dated 20.08.2018 and 22.08.2018, sent to the Inspector General of Police, which was registered as No.500188180025 and the SSP had directed the C.O. Gola to enquire into the matter and send a report 04.09.2018; that in compliance of which the C.O. Gola has sent a report stating therein that the complainant has given a false application against the petitioner, as a dispute regarding revenue matters was pending between the parties and due to that enmity the complainant has given false application against the petitioner, copy of the said report is annexed as annexure no.5 to the writ petition; further contention is that the matter needs a deeper and fair investigation before any arrest can be given effect to.
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 within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 21.12.2018/VKG