Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7549 of 2018 Petitioner :- Vipin Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- B.S. Pandey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,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 a prayer to quash the F.I.R. dated 04.02.2018 lodged in Case Crime No. 0124 of 2018, under Sections 354A, 504, 506 I.P.C., Police Station Kotwali, District Farrukhabad.
It has been submitted by learned counsel for the petitioner that is the doctor and was invited to participate in the free camp held by Care Hospital Awas Vikas Colony, Farrukhabad and the respondent no.3 is the nurse and upon dereliction of her duty the petitioner rebuked her. It is further contended that only to harass the petitioner, the instant prosecution has been initiated against the petitioner which is bad in law. 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 :- 28.3.2018 S.Ali