Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7926 of 2018 Petitioner :- Tazim And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
Learned counsel Sri Ajay Kumar Mishra has filed his vakalatnama on behalf of the respondent no.3. It is taken on record.
This writ petition has been filed with a prayer not to arrest the petitioners in pursuance of the impugned F.I.R. dated 06.03.2018 in Case Crime No. 141 of 2018, under Sections 323, 324, 504, 308 IPC, Police Station Gajraula, District J.P. Nagar.
It is contended by learned counsel for the petitioners that the respondent no.3 has lodged an FIR but the petitioners are not named in the FIR and the names of the petitioners came into light after few days of the incident.
It is next contended by learned counsel for the petitioners that the respondent no.3 also does not pursue with the matter. The petitioners and the respondent no.3 have entered into a compromise in the aforesaid case.
He has 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. has 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) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 30.3.2018 Nadim