Jitendra And 2 Ors. vs State Of U.P. And 2 Ors.
2017 Latest Caselaw 5381 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 21918 of 2017
 

 
Petitioner :- Jitendra And 2 Ors.
 
Respondent :- State Of U.P. And 2 Ors.
 
Counsel for Petitioner :- Birendra Singh Khokher
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Vipin Sinha,J.

Hon'ble J.J. Munir,J.

Heard learned counsel for the petitioner(s) 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. 607/2017, under Section- 147, 452, 323, 363, 511 IPC P.S.- Partapur district- Meerut.

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; entire family members have been implicated in the present case on the basis of general allegations; much reliance has been placed in paragraph Nos. 9 and 10 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 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.

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 and also in view of the law laid down by the Apex Court in the case of Sachin Pawar vs. State of U.P. passed in criminal appeal no. 1142/2013 decided on 2.8.2013, 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 co-operate with the investigation.

With the aforesaid observations, the instant writ petition is finally disposed off.

Order Date :- 12.10.2017

LN Tripathi