Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 22751 of 2018 Petitioner :- Vinod Kumar Panwar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lav Srivastava,Anshul Tiwari,Sri V.P. Srivastava (Sr.Adv.) Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with prayer to quash the F.I.R. dated 12.07.2018 lodged in Case Crime No.215 of 2018, under Sections 306, 506 I.P.C., Police Station Adarsh Mandi,District Shamli.
Learned counsel for the petitioner contends that the petitioner is the brother-in-law of the deceased and the first informant is the wife of the deceased in the present case. Learned counsel further contends that the allegations against the petitioner is that some money was given by the deceased to the petitioner in the year 2016 during the demonetization for exchange which has not been returned. Learned counsel has referred to Annexure-3 which is the alleged suicide note of the deceased which mentions about the same and also the fact that the petitioner had usurp his landed property which was in the name of the deceased. Learned counsel has argued that even if the allegations as contained in the F.I.R., is taken to be true for the sake of argument and in the light of suicide note, the dispute arose in the year 2016 and the deceased had committed suicide on 11.07,.2018 and there is no link whatsoever to connect that there was any abatement on the part of the petitioner to commit suicide and in support of his argument learned counsel has relied upon a decision of Hon'ble Apex Court reported in 2017 (1) SCC 433 in the matter of Gurcharan Singh Vs. State of Punjab. He 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. 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 petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 21.8.2018 S.Ali