Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7635 of 2018 Petitioner :- Vijay And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishwanath Pandey,Rama Shankar Tiwari Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with a prayer not to arrest the petitioners in pursuance of the impugned F.I.R. dated 11.01.2018, which has been registered as Case Crime No. 008 of 2018, under Sections 307, 504 IPC, Police Station Babugarh, District Hapur.
It is contended by learned counsel for the petitioners that the respondent no.4 Gaurav Kumar has lodged an FIR against the petitioners. He has further submitted that this is no injury case and the petitioners have been falsely implicated in the present case on account of village animosity by the respondent no. 4.
He has further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence, the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of 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.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein prima facie cognizable offence is made out, hence, there is no scope for interfering with the impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F.I.R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 28.3.2018 Nadim