Writ petition to quash FIR. Court refused to quash but directed non-arrest pending police report under Section 173(2) Cr.P.C., contingent on cooperation with investigation.
Rejection of quashing of FIR but direction to not arrest petitioners pending police report under Section 173(2) Cr.P.C.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 24289 of 2019
Petitioner :- Sumit Mishra And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Urmila Tripathi,Jagdish Prasad Tripathi Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 23.8.2018 registered as Case Crime No.737 of 2018, under Sections 406,420,467,468,471,504,506 IPC, P.S. Naubasta, District Kanpur Nagar.
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.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
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.
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 they 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 :- 28.11.2019 M. Tariq
2 issues framed by the court
Whether the First Information Report warranting immediate expulsion of the petitioners from criminal proceedings.
Whether direction to arrest petitioners pending submission of police report under Section 173(2) Cr.P.C.
Sumit Mishra And 3 Others
State Of U.P. And 2 Others
Naheed Ara Moonis
Narendra Kumar Johari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
