Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30887 of 2018 Petitioner :- Tara And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nishant Dwivedi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 10.05.2018 registered as Case Crime No. 0508 of 2018, under Sections 419, 420, 467, 468, 471, 506 I.P.C., PS Kotwali Nagar, District Etah.
It has been submitted by the learned counsel for the petitioners that the impugned FIR lodged by respondent No. 3 after inordinate and unexplained delay of more than two years eight months during the pendency of civil suit between the parties with the ulterior intention of harassing him. Moreover, apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioner.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioner and the nature of the allegations made in the F.I.R., it is directed that till submission of police report under Section 173(2) Cr.P.C., the petitioner shall not be arrested in the aforesaid case subject to his extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of Order Date :- 29.10.2018 A.K.Verma