Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11035 of 2019 Petitioner :- Vijay Kumar Saxena Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raghuvansh Misra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioner and learned A. G.
A. Sri Mohd Nadeem 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 FIR No. 991 of 2018, under Sections 420, 467, 468, 471 IPC; Section 3/7 pf Essential Commodities Act, 1955 and Section 66D of Information Technology (Amendment) Act, 2008, P.S.- Sadar Bazar, District- Agra.
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 implicated on the basis of general allegation; reliance has been placed upon the order passed in the matter of co-accused namely Hari Shankar Kushwah in Crl. Misc. Writ Petition No. 3069 of 2019, and co-accused Amit in Crl. Misc. Writ Petition No. 3043 pf 2019, copy of which have been annexed as Annexure-3 to the writ petition; 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(s) 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.
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, Order Date :- 26.4.2019 SKS