Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15049 of 2019 Petitioner :- Sunder Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashwini Kumar Awasthi,Anurag Vajpeyi,Manish Tiwary(Senior Adv.) Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Manish Tiwari, learned Senior Counsel, assisted by Sri Ashwini Kumar Awasthi, learned counsel for the petitioner and Kumari Meena, learned AGA appearing 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.07 of 2015, under Sections 420, 467, 468, 471, 120-B, IPC, Police Station Kavi Nagar, District Ghaziabad.
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 with the ulterior intention of harassing the petitioner; that petitioner has been falsely implicated in the present case; that it is the petitioner himself is the first informant, however, subsequently it appears that he has been implicated in a criminal matter; that petitioners is ready and willing to participate and cooperate with the investigation and thus he need not be arrested nor any custodial interrogation is required, and that the matter needs a deeper and fairer investigation before any arrest should be given effect to; that 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 petitioners 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 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 and police authorities shall conclude the investigation as early as possible from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 29.5.2019/VKG