Matloob and 3 Others v. State of U.P. and 2 Others
Case brief
What is this about?
The High Court dismissed a petition seeking to quash an FIR due to false allegations. While noting the seriousness of the charge and lack of prima facie case for indulgence, the court stayed coercive action for 60 days if petitioners surrender and apply for bail.
What did the court decide?
Quashing of FIR refused; coercive action stayed for 60 days contingent on surrender and bail application.
What the court decided
Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14547 of 2019
Petitioner :- Matloob And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,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. 0371 of 2019, under Section - 452, 354, 323, 504, 506 IPC, P.S.- Kotwali City, district- Bijnor.
counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); 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.
We have perused the FIR and from perusal of the allegations as made in the impugned F. I. R., it cannot be said that no cognizable offence is made out.
Issues for consideration
3 issues framed by the court
Whether the impugned FIR registered under Sections 452, 354, 323, 504, 506 IPC is liable to be quashed as it contains false and concocted allegations.
Whether the petitioners can be granted a temporary stay on coercive action if they surrender within 60 days.
What procedural safeguards can be granted given the seriousness of the allegations in the FIR.
Parties & counsel
- petitioner
Matloob And 3 Others
- respondent
State Of U.P. And 2 Others
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- CRLP/14547/2019
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