Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15240 of 2019 Petitioner :- Suresh Chand Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Lal Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and Sri V.K. Pandey, learned A.G.A. 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.0211 of 2018, under Sections 147, 354, 323, 504, 506 IPC, P.S. Sadar Bazar, District Mathura.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; that the petitioner happens to be 'Jeth' of the first informant and controversy involved in issue is matrimonial in nature; that the petitioner are ready and willing to participate and cooperate with the investigation 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 petitioner 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 expeditiously as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 30.5.2019 SR