Allahabad High Court
Rajendra Prasad Dwivedi vs State Of U.P. And 2 Others on 25 August, 2020
Bench: Shashi Kant Gupta, Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 7852 of 2020 Petitioner :- Rajendra Prasad Dwivedi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Rai,Mani Shankar Counsel for Respondent :- G.A. Hon'ble Shashi Kant Gupta,J.
Hon'ble Shamim Ahmed,J.
This petition for writ is before us with a prayer to quash the first information report in Case Crime No. 254 of 2020 pending investigation at Police Station Sarai Akil, District Kaushambi pertaining to the offences under Sections 147, 148, 149, 307, 323, 504, 506, 353, 427, 286 & 392 of Indian Penal Code, 3 (2)(v) and 3 (1)(Gh) S.C./S.T. Act.
Heard learned counsel for the petitioner, Sri Ajay Kumar Pandey, learned counsel for the complainant, learned AGA for the State and perused the record.
Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report and the impugned FIR has been lodged with malafide intention for the purpose of harassment.
The submissions made by the learned counsel for the petitioner involve several intricate factual details and many disputed questions of fact related to the case. False implication due to malafide intention has also been pleaded.
From perusal of the impugned FIR, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the FIR. Therefore, the prayer for quashing the impugned FIR is refused but it certainly requires investigation.
In view of the above, we do not find any just reason to quash the impugned first information report. However, considering the facts and circumstances of the case, we deem it appropriate to direct the concerned Station House Officer/police officer not to arrest the petitioner in relation to the first information report referred to above till the filing of the police report as per Sub-section (2) of Section 173 of Cr.P.C. The petitioner shall cooperate with the investigating agency during the course of the investigation.
The concerned Investigating Officer is directed to conclude the investigation as early as possible.
The writ petition stands disposed of accordingly.
Order Date :- 25.8.2020 vinay