Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 8021 of 2018 Petitioner :- Upendra Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Ashutosh Upadhyay Counsel for Respondent :- G.A.,Sanjay Kumar Singh
Hon'ble Vipin Sinha,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner, Shri Sanjay Kumar Singh, learned counsel for respondent no. 3 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. 34 of 2018, under Sections- 498A, 304-B IPC & 3/4 D.P. Act, P.S.- Sambhal, District Bheem Nagar.
In para 3 of the counter affidavit filed on behalf of respondent no.3, it has been stated that the F.I.R. was lodged under some misconception.
Learned counsel for the petitioner submitted that petitioner is the Dewar of the deceased and and he is living separately. Initially, the F.I.R. was lodged under section 304-B I.P.C., but subsequently, it has been converted under section 306 I.P.C. The petitioner has been falsely implicated in the present case. The impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in 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.
Having heard the submissions advanced by learned counsel for the parties 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 and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana; 2003(4) SCC 675 and Rajesh Sharma and others v. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition (Crl.) No.2013 of 2017, 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 police authorities shall conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 24.4.2018 R