Disposed

Amit Kumar and 3 Others v. State of U.P. and 2 Others

Allahabad HC3 Apr 2019CRLP/1657/2019

Case brief

AI extract

What is this about?

The Court declined to quash an FIR alleging false, concocted allegations against petitioners. However, in view of submission on false charges and mediation report, directed non-arrest of petitioners till police report is submitted, while ensuring their co-operation with investigation.

What did the court decide?

Direction that petitioners shall not be arrested till submission of police report under Section 173(2) Cr.P.C.; direction to co-operate with investigation.

Amit Kumar and 3 Others Vs State of U.P. and 2… — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1657 of 2019

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Petitioner :- Amit Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhitosh Mishra,Pushpendra Singh Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.

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

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We have perused the interim order dated 22.1.2019 passed by another Bench of this Court by means of which the matter was referred to Mediation Centre, Allahabad. The report of mediation centre shows that petitioners have not complied with the earlier order of this Court dated 22.1.2019 with regard to deposit of money before Mediation Centre of this Court.

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Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainantrespondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; entire family members have been implicated in the present case on the basis of general allegations; 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 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 and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana; 2003(4) SCC 675 and Rajesh Sharma and others v. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition

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(Crl.) No.2013 of 2017, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation as early as possible.

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

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Order Date :- 3.4.2019 Faridul

Amit Kumar and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Amit Kumar and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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