Allahabad High Court
Ram Narayan @ Pandhari Yadav vs State Of U.P. And 2 Others on 16 November, 2019
Bench: B. Amit Sthalekar, Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 23666 of 2019 Petitioner :- Ram Narayan @ Pandhari Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amitabh Agarwal Counsel for Respondent :- G.A. Hon'ble B. Amit Sthalekar,J.
Hon'ble Ali Zamin,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
This writ petition has been filed seeking quashing of the impugned F. I. R. registered as F.I.R. No.0521 of 2019, State of U.P. vs. Ram Narayan @ Pandhari Yadav, under Sections 506 and 504 I.P.C., Police Station Phoolpur, District Prayagraj.
Learned counsel for the petitioners submitted that the impugned F.I.R. has been lodged by the complainant respondent containing absolutely false and concocted allegations against the petitioners with intention to harass them. It is also submitted that 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.
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, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
Order Date :- 16.11.2019/Asha