Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 2793 of 2019 Petitioner :- Tej Bahadur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kashi Nath Singh Yadav Counsel for Respondent :- G.A.,Shailendra Kumar Rai
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Kashi Nath Singh Yadav, learned counsel for the petitioner, Sri Shalendra Kumar Rai, learned counsel for the complainant and learned A. G. A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.
535 of 2018, under Sections 376, 452, 323, 506 IPC, P.S. Kotwali, District Ghazipur.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing petitioner; petitioner has been falsely implicated on account of property dispute; much reliance has been placed on the averments made in paragraph nos. 5 to 7 of the writ petition.
Learned counsel for the complainant has very strongly and vehemently opposed the present writ petition with the contention that the victim has received injury, a report has been produced before this Court, which shows that there is partial dislocation seen in right shoulder joint; reliance has also been placed on the statement recorded under Section 164 Cr.P.C., copy of which has been perused by this Court, the said documents are taken on record. Learned A.G.A. has also opposed the writ petition but he does not dispute the fact that there are two version available on record. The Court finds even as per the contention of the petitioner the matter needs deeper and fair investigation before any arrest could be given affect.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible, preferably within two months from the date of production of certified copy of the order.
Order Date :- 31.1.2019 Mini