Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37807 of 2018 Petitioner :- Somit Malviya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Pandey,Abhishek Tripathi Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Certified copy of the F.I.R., has been produced today is taken on record.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 08.12.2018 lodged in Case Crime No. 1356 of 2018 under Section 66A of I.T. Act and Sections 120-B, 471, 468, 467, 420, 419 I.P.C., Police Station Kalyanpur, District Kanpur Nagar.
It is submitted by the learned counsel for the petitioner that the petitioner is being unnecessarily harassed on the basis of false allegations made against him while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.4. Hence the FIR deserves 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 the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.The prayer for quashing the FIR is refused.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
In the light of above observations, this petition is accordingly disposed of.
Order Date :- 21.12.2018 S.Ali