Partly allowed

Kishan Pyari and Another v. State of U.P. and 2 Others

Allahabad HC13 Dec 2018CRLP/36331/2018

Case brief

AI extract

What is this about?

Writ petition sought quashing of FIR containing false allegations. Court refused quash but directed no arrest until police report under Section 173(2) Cr.P.C., subject to cooperation with investigation.

What did the court decide?

FIR not quashed; no arrest allowed till police report is submitted under Section 173(2) Cr.P.C., conditioned on cooperation and appearance when called.

Kishan Pyari and Another Vs State of U.P. and 2… — Criminal Trial and Appeal | Allahabad HC (2018)

¶1

Court No. - 46

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 36331 of 2018

¶3

Petitioner :- Kishan Pyari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Tiwari Counsel for Respondent :- G.A.

¶4

Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.

¶5

Heard the learned counsel for the petitioners and the learned A.G.A. for the State.

¶6

By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 6.10.2018 registered as Case Crime No.338 of 2018, under Sections 420,468,471,466,424,120-B,504,506 IPC, P.S. Hathras Junction, District Hathras.

¶7

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.

¶8

From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.

¶9

However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioners shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.

¶10

With the above direction, this petition is finally disposed of.

¶11

Order Date :- 13.12.2018 M. Tariq

Kishan Pyari and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Kishan Pyari and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bandana and 5 Others Vs State of U.P. and 3 Others

Raghvendra Nath Tiwari Vs State of U.P. and 6 Others

Anish Ryan and Company Roopadhamna Vs State of U.P. and 3 Others

Waseem Ahmad Vs State of U.P. and 2 Others

Kanhi Lal Vs State of U.P. and 6 Others

Kanhaiya Vs State of U.P. and 2 Others