Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7516 of 2018 Petitioner :- Yogesh @ Sanny And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anish Kumar Singh 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 by the petitioners with a prayer to quash the F.I.R. dated 29.04.2016 lodged in Case Crime No.281 of 2016, under Sections 147, 448, 323, 504, 354 (B) I.P.C., Police Station Kotali Ghaziabad, District Ghaziabad.
It has been submitted by learned counsel for the petitioners that civil dispute has been dragged into criminal prosecution of the petitioners 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 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) 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