Disposed

Gulshan and 4 Others v. State of U.P. and 2 Others

Allahabad HC5 Apr 2019CRLP/8568/2019

Case brief

AI extract

What is this about?

A criminal miscellaneous writ petition challenging the maintenance of an FIR alleging intentional infliction of hurt and attempt to murder. The High Court declined to quash the FIR but directed that the petitioner(s) shall not be arrested pending the police report under Section 173(2) Cr.P.C. while requiring cooperation with the investigation.

What did the court decide?

Petitioner(s) directed not to be arrested till submission of police report under Section 173(2) Cr.P.C. Writ petition disposed with this direction.

Gulshan and 4 Others Vs State of U.P. and 2 Others — Bail and Remand | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8568 of 2019

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Petitioner :- Gulshan And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh,Pratibha 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 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. 222 of 2019 u/s 147, 148,149, 352, 353, 307, 225 IPC PS Kotwali Nagar District Etah.

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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; it is no injury case; 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 :- 5.4.2019 SP

Gulshan and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Gulshan and 4 Others v. State of U.P. and 2 Others

Case brief

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