Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7469 of 2018 Petitioner :- Sunil Kumar And 03 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- M.P.S. Chauhan 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 by the petitioners with a prayer to quash the F. I. R. dated 05.12.2016 which has been registered as Case Crime No. 351 of 2016, under Sections-420, 467, 468, 470, 471 IPC, police station Gabhana, district Aligarh so far it relates to the petitioners.
It has been submitted by learned counsel for the petitioners that the F.I.R. has been lodged for the alleged incident after eleven and half years of the alleged incident, which itself falsifies the prosecution story. It is next contended that in the case of similarly situated co-accused Vipin Kumar and others another Bench of this Court had passed order on 07.3.2018 in Criminal Misc. Writ Petition No. 5582 of 2018, copy of which has been filed as annexure-2. He 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. 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) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 28.3.2018 faraz