Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 37703 of 2018 Petitioner :- Sri Vijay Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Roy Sharma 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.0765 of 2018 under Sections 376 and 452 IPC, P.S. Raya, District Mathura.
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, who happens to be chachiya sasur (father-in-law) of respondent No.4 with the ulterior intention of harassing him; much reliance has been placed upon the averments made in paragraph Nos. 6-9 and 11 of the writ petition; 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