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Surjan Singh And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|30 July, 2018
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JUDGMENT / ORDER

Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 20337 of 2018 Petitioner :- Surjan Singh And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jadu Nandan Yadav,Arimardan Yadav Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with prayer to quash the F.I.R. dated 19.07.2018 lodged in Case Crime No.617 of 2018, under Sections 498-A, 323, 506 IPC and 3/4 D.P. Act, Police Station Kotwali Chhibramau, District Kannauj.
It has been submitted by learned counsel for the petitioners that the petitioner no.1 has abandoned his son Chandra Pratap Singh (husband of respondent No. 4) from his movable and immovable property and is not responsible for the act of his son. It is next contended that the petitioners have been falsely implicated in the present case. He 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. 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 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 :- 30.7.2018 Sartaj
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Title

Surjan Singh And Others vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 July, 2018
Judges
  • Rajesh Dayal Khare
Advocates
  • Jadu Nandan Yadav Arimardan Yadav