This High Court rejected the petitioners' prayer to quash the FIR but directed that they not be arrested until the police report is filed, provided they cooperate with the investigation.
Prayer to quash FIR refused; direction not to arrest petitioners pending police report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 6912 of 2020
Petitioner :- Devang Tayal And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashank Dwivedi Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,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 24.2.2020 registered as Case Crime No.53 of 2020, under Sections 323,504,506 IPC and Section 3(2)(V) S.C./S.T. Act, P.S. Kidwai Nagar, District Kanpur Nagar.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no.4 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 :- 8.7.2020 M. Tariq
2 issues framed by the court
Whether the FIR under Sections 323, 504, 506 IPC and Section 3(2)(V) S.C./S.T. Act is liable to be quashed.
Whether the petitioners should be released on bail pending submission of police report.
1 provisions across 1 enactments
Devang Tayal
State Of U.P.
Naheed Ara Moonis
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
