This court refused to quash an FIR but directed that petitioners should not be arrested until the police report under Section 173(2) Cr.P.C. is submitted.
Quashing of FIR refused; arrest prohibited until police report is submitted subject to cooperation with investigation.
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Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 15495 of 2018
Petitioner :- Sonu Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,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 issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 29.04.2018 registered as Case Crime No.60 of 2018, under Sections 323, 504 I.P.C. and 3(1)(X) S.C./S.T. Act, P.S.- Sujanganj, District- Jaunpur.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no.3 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He further submitted 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 petitioners in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioners.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioners and the nature of the allegations made in the F.I.R., it is directed that till the submission of police report under Section 173(2) Cr.P.C., the petitioners shall not be arrested in the aforesaid case subject to their extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 18.6.2018 Shalini
2 issues framed by the court
Whether to quash an FIR
Whether to allow bail while investigation is pending
1 provisions across 1 enactments
Sonu Singh
And Another
State Of U.P.
Bala Krishna Narayana
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
