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2015 DIGILAW 4156 (ALL)

Bhagwanti Devi @ Mata v. State of U. P.

2015-12-23

AMAR SINGH CHAUHAN, VIKRAM NATH

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JUDGMENT Heard learned counsel for the petitioners, learned counsel for the complainant, learned AGA and perused the record. 2. This petition has been filed with the prayer to quash the impugned FIR dated 30.11.2015 in case crime no. 1404 of 2015, U/s 420, 467, 468, 471, 504 and 506 IPC, P.S. Vijay Nagar, District Ghaziabad and further prayer is to direct the respondents not to arrest the petitioners in pursuance of the impugned FIR and not adopt any coercive action against the petitioners. 3. Learned counsel for the petitioners submitted that on the basis of false allegation, first information report was lodged implicating the petitioners hence impugned FIR is liable to be quashed. 4. Learned AGA as well as learned counsel for the complainant have opposed the aforesaid prayer. 5. Considered the submissions of learned counsel for the parties. From the perusal of the F.I.R., in view of the allegations made therein prima facie commission of offence is made out. Hence, there is no ground for interfering in the investigation or for quashing of the FIR. 6. However, considering the allegations made in the F.I.R., it is provided that the petitioners shall not be arrested in above mentioned case, till collection of the credible evidence or till submission of police report under section 173 (2) Cr.P.C., whichever is earlier. The petitioners shall cooperate with the investigation of the case. The investigating Officer of aforesaid case crime is expected to investigate the matter fairly and independently without any pressure or influence of any person or party and to submit the police report on the basis of material available during investigation within reasonable period. 7. With the above direction, this petition is finally disposed off.