Disposed

Vanshi Lal Gupta and 3 Others v. State of U.P. and 2 Others

Allahabad HC6 May 2019CRLP/11987/2019

Case brief

AI extract

What is this about?

This Court considered a writ petition seeking to quash an F.I.R. alleging false and malicio US charges. The Court refused to quash the F.I.R. but directed that the petitioners shall not be arrested until the submission of the police report under Section 173(2) Cr.P.C., while mandating their cooperation with the investigation.

What did the court decide?

Petition dismissed; direction issued that petitioners shall not be arrested until submission of police report under Section 173(2) Cr.P.C.

Vanshi Lal Gupta and 3 Others Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11987 of 2019 Petitioner :- Vanshi Lal Gupta And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijit Saxena,Pravin Kumar Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.

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Heard learned counsel for the petitioner(s) and learned A.G.A. for the State.

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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. 0035 of 2019 u/s 147, 332, 379, 427, 504 IPC and Section 3(2)(va) SC/ST Act PS Lalapur District Prayagraj.

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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; matter needs deeper and fairer investigation before any arrest should be given effect to and the petitioner will participate and cooperate with the investigation; 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.

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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.

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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.

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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 as expeditiously as possible.

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With the aforesaid observations, the instant writ petition is finally disposed of.

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Order Date :- 6.5.2019 SP

Vanshi Lal Gupta and 3 Others v. State of U.P. and 2 Others

Case brief

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Vanshi Lal Gupta and 3 Others v. State of U.P. and 2 Others

Case brief

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