Hon'ble High Court of Uttar Pradesh declined to quash the FIR but granted a stay on arrest. The petitioner must cooperate with police while investigation concludes within three months.
Stay on arrest till submission of police report under Section 173(2) Cr.P.C.; investigation to conclude within three months; petitioner to cooperate.
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Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 20238 of 2018
Petitioner :- Shyam Ji @ Avneesh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Alkesh Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the petitioner(s) 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. 127 of 2018 u/s 354, 323, 504, 506 IPC PS Bichhwan District Mainpuri.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; 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(s) 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(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and cooperate 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 :- 30.7.2018 SP
2 issues framed by the court
Whether the impugned First Information Report containing false allegations is liable to be quashed.
What relief can be granted while avoiding arrest of the petitioner pending investigation?
1 provisions across 1 enactments
Shyam Ji @ Avneesh
State Of U.P.
2 Others
Vipin Sinha
Ifaqat Ali Khan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
