Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30454 of 2018 Petitioner :- Sripal Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hemant Sharma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 11.9.2018 registered as Case Crime No.1161 of 2018 under Sections 420, 406, 504 I.P.C., Police Station Kotwali Shahar, District Bulandshahar.
Learned counsel for the petitioners submits that Ashok Kumar petitioner no.2, son of petitioner no.1 is also involved in the present case and on account of the said relationship, the petitioner no.1 has been falsely implicated in the present case by respondent no.3 levelling false and frivolous allegations just to harass him. It is next contended that role of petitioner no.1 is clearly distinguishable from that of the petitioner no.2. It is next contended that allegations made in the impugned F.I.R. are palpably false. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating their complicity in the commission of the alleged crime and the impugned FIR qua the petitioner no.1 is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner no.1 shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
As far as petitioner no.2 Ashok Kumar is concerned, the petition stands dismissed. However, it is directed that in case petitioner no.2 appears before the court concerned within two weeks from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 27.10.2018 Anand Sri./-