This court rejected the plea to quash an F.I.R. but ordered that petitioners not be arrested until the police submit the report under Section 173(2) Cr.P.C., directing cooperation with the investigation.
Direction issued that petitioners shall not be arrested till submission of police report under Section 173(2) Cr.P.C. and to participate in investigation.
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Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 878 of 2019
Petitioner :- Arshad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vipin Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners 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. 436 of 2018, under Sections 376D and 506 I.P.C., P.S. Kairana, district-Shamli.
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; though the sole petitioner is named in the first information report; the incident took place on 26.7.2018 but the F.I.R. of the same was lodged on 30.7.2018 as a counter blast to the F.I.R. lodged against brother-in-law of the complainant.; reliance has also been placed on the averments made in para 7, 8 and 9 of the writ petition; 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.
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.
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.
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 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.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 17.1.2019 Faridul
2 issues framed by the court
Whether the impugned F.I.R. is liable to be quashed in light of false and concocted allegations?
Whether to grant direction not to arrest the petitioners till submission of police report?
Arshad
State Of U.P.
Vipin Sinha
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
