Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5296 of 2019 Petitioner :- Vandana And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar Singh Counsel for Respondent :- G.A.,Ajit Kumar
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner as well as Shri Ajit Kumar, learned counsel for the respondent no.4 and the learned A.G.A.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 10.1.2019 registered as Case Crime No.38 of 2019, under Sections 420,467,468,471,120-B,506 IPC, P.S. Quarsi, District Aligarh.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no.4 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He further submitted that 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 petitioners in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra learned counsel for the respondent no.4 learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage, as the petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioners shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 26.2.2019 M. Tariq