Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34307 of 2018 Petitioner :- Sudhir Tyagi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 15.10.2018 registered as Case Crime No. 1488 of 2018, under Section 386 I.P.C., P.S. Phase III, District Gautam Budh Nagar.
Learned counsel for the petitioner submitted that the petitioner is a trade union leader and the respondent no. 4 is a construction company which had defaulted in payment of wages of 300 labourers and when the petitioner started an agitation for putting pressure upon the respondent no. 4 to make payment of the wages of the labourers, the impugned F.I.R. has been lodged by the respondent no. 4 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of putting pressure upon him to discontinue the agitation. Moreover apart from the bald allegations made in the impugned F.I.R. no credible evidence whatsoever is coming forth even prima facie indicating at the petitioner's complicity in the commission of the alleged crime and for the aforesaid reason the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned F.I.R., 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 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.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 28.11.2018 SA