Shambhu Prasad Singh vs. State Of U.P.

Court No. - 51 Case :- CRIMINAL MISC. WRIT PETITION No. - 11982 of 2019 Petitioner :- Shambhu Prasad Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashank Singh,V.P. Srivastava (Sr. Adv.) Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.

Heard Sri V.P. Srivastava, learned senior counsel assisted by Sri Shashank Singh, learned counsel for the petitioner(s) and Sri Patanjali Mishra, 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. 0886 of 2019 u/s 420, 467, 468 IPC PS Kavi Nagar District Ghaziabad.

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; the petitioner has been falsely implicated in the present case; the petitioner worked with various ministers in his capacity as APS, PS and OSD and earlier no such complaint was made against him; the present is not such a matter which may warrant custodial interrogation at this stage; the petitioner is ready and willing to participate and cooperate with the investigation; the matter needs a deeper and fairer investigation before any arrest should be given effect to; 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, 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 cooperate with the investigation and police authorities shall conclude the investigation as expeditiously as possible.

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

Order Date :- 6.5.2019 SP