Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7918 of 2018 Petitioner :- Suman Chaudhary And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Digvijay Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with a prayer to stay the arrest of the petitioners in pursuance of the impugned F.I.R. dated 15.03.2018, which has been registered as Case Crime No. 0175 of 2018, under Sections 452, 323, 504, 506, 384 IPC, Police Station Sadabad Kotwali, District Hathras.
It is contended by learned counsel for the petitioners that the respondent no.3 has lodged an FIR against the petitioners. He has further submitted that prior to the date of lodging the FIR, some hot talks has taken place between the petitioner no.1 and the respondent no.3 at Primary Health Centre, Sadabad, District Hathras, where petitioner no.1 is working as nurse (A.N.M.).
It is next contended by learned counsel for the petitioners that the petitioner no.1 is a government servant and she has no concern with the present case but she has falsely implicated by the respondent no.3 only to blackmail.
He has further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence, the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of 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.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein prima facie cognizable offence is made out, hence, there is no scope for interfering with the impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F.I.R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 30.3.2018 Nadim