Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7562 of 2018 Petitioner :- Suresh Chandra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mrityunjay Dwivedi 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 record.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 12.1.2018 which has been registered as Case Crime No. 26 of 2018, under Section 3/7 E.C. Act read with Section 420 IPC, Police station Tappal, district Aligarh so far it relates to the petitioners.
It is contended by learned counsel for the applicant that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioners for the offences referred in the present FIR, hence the impugned FIR 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 KU