Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29427 of 2018 Petitioner :- Suresh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawan Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 26.3.2017 registered as Case Crime No.86 of 2017, under Sections 376, 511, 354, 307 IPC, P.S.- Pipraich, District- Gorakhpur.
It is submitted by learned counsel for the petitioners that the petitioner nos.1 and 2 are father and son and petitioner no.1 is the eye-witness of the murder of Ram Lakhan, father of petitioner no.1. It is next submitted that husband of respondent no.3 is the main accused in the case who is facing trial u/s 304 and 308 IPC. He next submitted that the impugned F.I.R. has been lodged by respondent no.3 containing false and concocted allegations regarding the commission of offence by both the petitioners u/s 376, 511, 354, 307 IPC with the sole and malafide intention of putting pressure upon the petitioners to refrain from giving evidence against the husband of the respondent no.3. It is lastly submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is 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. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 12.10.2018 Shalini