Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7538 of 2018 Petitioner :- Suraj Gaur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pratibha Singh,Ashok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material available on record.
This writ petition has been filed with a prayer to stay of the petitioner in pursuance of the impugned F.I.R. Dated 30.01.2018, which has been registered as Case Crime No. 0047 of 2018, under Sections 323, 504, 506 IPC and 3(1)(D) of SC/ST Act, Police Station Line Bazar, District Jaunpur.
It is contended by learned counsel for the petitioner that the respondent no.3 Sanjeev Kumar Gaur has lodged an FIR against the petitioner Suraj Gaur and one Kariya Gaur.
It is next contended by learned counsel for the petitioner that there is enmity between the petitioner and the respondent no.3 regarding to the Rasta, due to this reason, he lodged the FIR against the petitioner only for pressurize him.
It is next contended by learned counsel for the petitioner that from the perusal of the prosecution version, no offence under Sections 323, 504, 506 IPC and 3(1)(D) of SC/ST Act is made out against the petitioner.
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 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) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 28.3.2018 Nadim