Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10768 of 2018 Petitioner :- Tara And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajesh Singh, Advocate holding brief of Sri Chandra Prakash Singh learned counsel for the petitioners, Sri N.K. Verma, learned A.G.A. for the State and perused impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 12.03.2017 registered as case crime no. 279 of 2017, under Sections 323, 325, 308, 504 IPC, P.S. Sector 20, District Gautambudh Nagar.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 3 containing absolutely false, concocted, vague and sweeping allegations against them. The main allegation is against the Pappoo and Umesh. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no.1 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 2 is concerned, the petition stands dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018 AU