Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 9627 of 2019
Petitioner :- Ramakant And 2 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Subhash Chandra Tiwari,Shakti Shanker
Tiwari
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the petitioners 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.821 of 2018 u/s
452,323,504,506,308 IPC PS Meja District Allahabad.
Learned counsel for the petitioners submitted that the impugned first
information report has been lodged by complainant containing
absolutely false and concocted allegations against the petitioners
with the ulterior intention of harassing petitioners; 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 alleged offence and hence the
impugned F. I. R. which is a bundle of lies and motivated by malice,
is liable to be quashed .
We have perused the FIR and from perusal of the allegations as
made in the impugned F. I. R., it cannot be said that no cognizable
offence is made out.
Reference may be made to the judgment of the Apex Court rendered
in the case of R. Kalyani v. Janak C. Mehta and Others reported
in 2009 (1) SCC 516. The said decision has also been followed by
the Apex Court in the case of Kamlesh Kumari and Ors. v. State
of U.P. and Ors. reported in 2015 AIR SCW 3700.
After hearing learned counsel for the parties and after perusing the
impugned FIR and keeping in view the law as laid down by the
Apex Court in the aforementioned cases, the Court is of the opinion
that no case for grant of any indulgence is made out.
However, without expressing any opinion on the merits of the case,
it is directed that in case the petitioner appears and surrenders before
the courts below and applies for bail within two weeks from today,
his prayer for bail shall be considered and decided expeditiously.
With the aforesaid direction, the instant writ petition is disposed of
finally.
Order Date :- 15.4.2019
SP
Neutral Citation No. - 2019:AHC:63295-DB