Public prosecutor opposed quashing of FIR. Court found no ground to quash due to lack of evidence noting sequence of occurrences. Instead, it granted protection against arrest until police report submission.
Direction that petitioners be not arrested until submission of police report under Section 173 (2) of Cr.P.C.
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Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 6304 of 2020
Petitioner :- Ajeet Fauji And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anoop Singh,Gaurav Singh Chauhan Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Ram Krishna Gautam,J.
This petition under Article 226 of the Constitution of India has been filed by Ajeet Fauji and Poonam with a prayer for issuing writ of certiorari thereby quashing FIR of Case Crime No. 1034 of 2019 under Sections 323, 354, 307, 452, 506 of IPC Police Station Kasna District- Gautam Budh Nagar.
Learned counsel for the petitioners argued that no such occurrence has ever occurred rather it was informant against whom a non congnizable report was got registered upon pretext of Ajeet Fauji, wherein an order dated 24.05.2019 was passed by Magistrate for making investigation. As a counter-blast of same this case crime number whereby of an application under Section 156 (3) of Cr.P.C., was got registered on 25.10.2019. No medical evidence of any assault is there. Moreso, accusation against Poonam, is of criminal intimidation and offence punishable under Sections 504 and 506 of IPC for Ajeet Fauji, rest of allegation is there wherein no instant medical report showing any attempt to commit murder by strangulation over neck is there. Petitioners are of no criminal antecedents. Hence, this petition with above prayer.
Learned AGA vehemently opposed with this contention that repeated assault and intimidation was there and three times this informant has called for assistance from dialled 100 and this assault, abuse and outraging of modesty of informant was made by the petitioner. Hence, no indulgence be given.
Having heard learned counsel for the parties and gone through with the FIR. It is apparent that it is a sequence of occurrence, being set to be committed at different time and different place. Regarding Poonam, the accusation is only of criminal intimidation and abuse whereas, for Ajeet Fauji, the allegation is not with any medical report but investigation is in process and accusation is there. Hence, no ground for quashing of FIR is there. However, ground for giving protection against arrest till submission of police report under Section 173 (2) of Cr.P.C.,
is there.
Accordingly, this petition is being disposed off with a direction to opposite party Nos. 1,2 and 3 that petitioners be not arrested in this very case crime number till submission of police report under Section 173 (2) of Cr.P.C., provided them cooperate with investigation and do not interfere with evidence.
Order Date :- 24.6.2020 S.K.
2 issues framed by the court
Whether the FIR registered under IPC sections 323, 354, 307, 452, 506 should be quashed due to lack of credible occurrence or medical evidence.
Whether the petitioners are entitled to protection against arrest pending the submission of the police report under Section 173 (2) of Cr.P.C.
2 provisions across 2 enactments
Ajeet Fauji
Poonam
State Of U.P.
Bachchoo Lal
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
