Disposed

Bhawana v. State of U.P. and 2 Others

Allahabad HC3 Apr 2019CRLP/5223/2019

Case brief

AI extract

What is this about?

The High Court ofendam*ed the writ petition challenging a false FIR. While refusing to quash the FIR, the court directed police not to arrest the petitioner until the investigation report under Section 173(2) Cr.P.C. was filed, ensuring cooperation with the investigation within three months.

What did the court decide?

Petitioner allowed protection from arrest till submission of police report under Section 173(2) Cr.P.C.; investigation to be concluded within three months if petitioner cooperates.

Bhawana Vs State of U.P. and 2 Others — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5223 of 2019

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Petitioner :- Bhawana Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Dhar Dwivedi 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 petitioner and Sri Deepak Mishra, learned A.G.A. for the State.

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We have perused the interim order dated 26.2.2019, which reflects herein as under:

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"It has been submitted that some persons were found selling the stock outside the shop of the petitioner and, therefore, on mere suspicion that the stock must have been black marketed by the petitioner, the First Information Report has been lodged.

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It has been submitted that, under the circumstances, the investigating agency must first verify whether there is any variance in the stock available in the shop with the register maintained in the shop."

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Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainantrespondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioners; matter needs deeper and fairer investigation before any arrest should be given effect to; 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 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 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.

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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

Bhawana v. State of U.P. and 2 Others

Case brief

What is this about?

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Bhawana v. State of U.P. and 2 Others

Case brief

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