In Chamber
Case :- CRIMINAL MISC. WRIT PETITION No. - 3164 of 2018
Petitioner :- Sunil Kumar Dubey
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Satish Chandra Mishra,Siddharth Shankar
Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Joshi,J.
Criminal Misc. Correction Application No. 02 of 2018 Heard learned counsel for the petitioner-applicant and the learned A.G.A.
Present correction application has been filed seeking correction of the order dated 12.2.2018 passed by this Court.
Learned counsel for the petitioner contends that in the present case order was passed on 12.2.2018 whereby the petitioner was directed to apply for bail. It is contended that the petitioner is a Government Employee working as Clerk in Soldier Board Jaunpur and is not related to the education department at all and he has been falsely implicated in the present case. It is next contended that in the matter of co-accused Om Prakash Tiwary who was the Manager of Maa Sharda Inter College Tiyra, Badlapur, Jaunpur, this Bench had passed orderson 13.2.2018 in Criminal Misc.Writ Petition No. 3526 of 2018, copy of which order has been filed as annexure-1 to the affidavit accompanying the correction application, whereby protection has been granted till submission of police report under Section 173(2) Cr.P.C. and it has been prayed that in the present case, order may be modified accordingly.
Accordingly, the order dated 12.2.2018 passed by this Court is hereby deleted and in its place following order is being passed:-
"Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F. I. R. dated 02.2,2018 which has been registered as Case Crime No.
49 of 2018, under Sections- 419,420,467,468,469,471,120-B, IPC and section 66 of Copyright Act, police station Line Bazar, Jaunpur, district Jaunpur so far it relates to the petitioner.
It has been submitted by learned counsel for the petitioner 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. 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 petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally."
Correction application accordingly disposed of.
Let corrected copy of the aforesaid order be issued to the learned counsel for the applicant on payment of usual charges, as per Rules of the Court.
Order Date :- 27.2.2018 faraz