Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5092 of 2018 Petitioner :- Suraj And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chhaya Gupta,Sarita Mishra Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the material available on record.
This writ petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 30.12.2017, which has been registered as Case Crime No. 2555 of 2017, under Sections 323, 504, 506, 427 IPC, Police Station Line Bazar, District Jaunpur (Annexure No.1 to this writ petition).
It is contended by learned counsel for the petitioners that the petitioner nos.1 to 3 are the students and petitioner no.4 is the farmer and they have been falsely implicated on account of village animosity by respondent no.4.
It is next contended by learned counsel for the petitioner that no injury report is on record, which shows that no incident had ever taken place.
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 disposed of finally.
Order Date :- 27.2.2018 Nadim