Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24530 of 2019 Petitioner :- Vishal Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devesh Kumar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Devesh Kumar, learned counsel for the petitioner and Sri Mithlish, learned A.G.A. appearing for the State and perused the record.
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 Case Crime No.632 of 2019, under Sections 147, 148, 149, 307, IPC and Section 3(1)(d) and 3(1)(dh) of Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Police Station Sigra, District Varanasi.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; that there is cross FIR between the parties; that all parties concerned are the students; that the injuries as shown are simple in nature; copy of which has been annexed on page no.25 of the present writ petition; that 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 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.
Having heard the submissions advanced by learned counsel for the parties 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 police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 28.11.2019 VKG