Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34364 of 2018 Petitioner :- Sonveer Singh @ Murari And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satendra Kumar Upadhyay,Anupama Parashar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Exemption application is allowed.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed with the prayer to direct the respondent no. 2 not to arrest the petitioner in garb of impugned First Information Report dated 19.10.2018 in Case Crime No. 295 of 2018, under Section 147, 120-B, 323, 342, 354, 376 and 511 Police Station Nasirpur, District Firozabad.
Learned counsel for the petitioner submitted that the petitioner is the husband; impugned first information report has been lodged by the complainant-respondent no.
3 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; entire family members have been implicated in the present case on the basis of general allegations; 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 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 petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 29.11.2018 sweta