Hukum Lal @ Hukum Singh And 3 Others vs State Of U.P. And 3 Others
2018 Latest Caselaw 503 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12250 of 2018
 
Petitioner :- Hukum Lal @ Hukum Singh And 3 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Mool Chandra Maurya
 
Counsel for Respondent :- G.A.,Shiv Kumar Pal,Sushil Kumar Pal
 

 
Hon'ble Rajesh Dayal Khare,J.

Hon'ble Mrs. Vijay Lakshmi,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State and Sri Shiv Kumar Pal, learned counsel for respondent no. 4.

This petition has been filed by the petitioners with a prayer to quash the FIR of case crime No. 0158 of 2018, under sections 323, 325, 307, 452, 504, 506 IPC, P.S. Jaithra, District Etah.

Learned counsel for the petitioners submits that the petitioner no. 1 is an old person and the petitioner no. 3 is a minor. All the petitioners have been falsely implicated in this case with malafide intention. The FIR in this case has been lodged by the respondent no. 4 as counter blast to the FIR lodged earlier by the petitioner no. 2 against the respondent no. 4 and others, registered as Case Crime No. 0154 of 2018, u/s 147, 148, 149, 323, 307, 452, 504, 506 I.P.C., P.S. Jaithra, District Etah, in order to save their skin. He further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.

Per contra, learned A. G. A. submitted that from the perusal of 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.

From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.

The prayer for quashing the impugned F. I. R. is refused.

However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till some credible evidence is collected, whichever is earlier.

With the aforesaid direction, this petition is finally disposed of.

Order Date :- 14.5.2018

Pcl