Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 11263 of 2019 Petitioner :- Vipin Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dushyant Kumar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioner(s) and learned A. G. A. for the State.
This is the second 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. 92 of 2019, under Section 420, 465, 467, 468, 471 IPC, P.S.- Dhampur, District- Bijnor. The first writ petition was dismissed as withdrawn with liberty to the petitioner to file a fresh and proper writ petition.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); petitioners have been implicated on the basis of general allegation; dispute is between husband and wife with regard to withdrawal of money; matter requires deeper and fairer investigation before any arrest should be given effect to and the petitioner will participate and co- operate with the investigation; 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(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible preferably within three months from the date of production of certified copy of the order.
Order Date :- 29.4.2019/Kuldeep