Court refused to quash the FIR due to prima facie cognizable offences but directed non-arrest of the petitioner pending police report under Section 173 Cr.P.C., subject to cooperation with investigation.
Petition for quashing denied; arrest stayed pending police report.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 36756 of 2018
Petitioner :- Dinesh Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 04.07.2018 registered in Case Crime No. 165 of 2018, under section 419, 420, 467, 468, 471, 120B I.P.C., P.S. Rampur, District Jaunpur.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no. 3 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. 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 petitioner in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner 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 petitioner shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 19.12.2018 Bhanu
2 issues framed by the court
Whether the FIR registered under sections 419, 420, 467, 468, 471, 120B IPC is liable to be quashed in view of false allegations and lack of evidence.
Whether to grant suspension of arrest pending completion of investigation.
1 provisions across 1 enactments
Dinesh Singh
State Of U.P.
Two Others
Naheed Ara Moonis
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
