Fil. against FIR. Court declined quash but directed no arrest till police report submission under Cr.P.C. 173(2) while ensuring investigation cooperation.
Respondent not to arrest petitioners till submission of police report under S. 173(2) Cr.P.C.; requested to attend and cooperate with investigation efforts completed quickly.
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Court No. - 51 Case :- CRIMINAL MISC. WRIT PETITION No. - 13349 of 2018 Petitioner :- Ravi Vishwakarma And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhual Vishwakarma Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Learned counsel for the petitioner is permitted to make corrections in the description of case crime number in the writ petition during the course of the day.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
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.0120 of 2017, under Sections- 498A, 323, 504, 377, 376, 354 IPC & Section 3/4 D.P. Act, P.S.Mahila Thana, district-Varanasi.
It has been submitted by learned counsel for the petitioner that even FIR is 25.06.2017; petitioner had no knowledge of the proceedings residing at his residential house Chhatishgarh at present subsequently received information of the police rushed to this Court; 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 and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana; 2003(4) SCC 675 and Rajesh Sharma and others v. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition (Crl.) No.2013 of 2017, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 23.5.2018 Radhika
Ravi Vishwakarma And 5 Others
State Of U.P. And 3 Others
Vipin Sinha
Mahboob Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
