HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- CRIMINAL MISC. WRIT PETITION No. - 29880 of 2015 Petitioner :- Bhagwat Singh Chauhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Bala Krishna Narayana,J.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
It is submitted by the learned counsel for the petitioner that the impugned F.I.R has been lodged after an inordinate and unexplained delay of more than three years from the date of alleged incident alleging that the petitioner had made the respondent no.4 member of a society by forging his signature. It is further submitted that apart from bald allegations made in the F.I.R. there is no evidence on record even prima facie indicating at the complicity of the petitioner in the commission of the alleged offence and hence the impugned F.I.R. is liable to be quashed.
The submissions made by learned counsel for the petitioner, prima facie, appear to be correct. The matter requires consideration.
Learned A.G.A has accepted notice on behalf of opposite party nos.1, 2 and 3. He prays for and is allowed six weeks' time to file counter affidavit.
Issue notice to opposite party no. 4, who may also file counter affidavit within the same period.
Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after eight weeks before the appropriate Court.
Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioner shall not be arrested pursuant to impugned FIR dated 28.11.2015 registered as Case Crime no.425 of 2015, under sections 419, 420, 465, 468, 471 I.P.C., Police Station Khaga, District Fatehpur Order Date :- 21.12.2015 RU