Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15603 of 2019 Petitioner :- Vidheshwar Dwivedi And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Prakash Garg Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Chandra Prakash Garg, learned counsel for the petitioner and Sri Rajesh Mishra, learned A.G.A. appearing 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.016 of 2016, under Section 419, 420, 467, 468, 471 I.P.C., Police Station Baberu, District Banda.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; that the counsel for the petitioners has placed reliance upon the order dated 18.02.2019 passed by another Bench of this Court, which shows that the identically situated co-accused namely Shravan Kumar Sharma has approached this Court by menace of filing Criminal Misc Writ Petition No.3589 of 2019, in which indulgence has been granted by another Bench of this Court, copy of which has been annexed on page no.84 of the affidavit filed in support of the writ petition; that the matter needs a deeper and fairer investigation before any arrest should be given effect to; 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 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, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation as early as possible from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 31.5.2019/VKG