K.M.Singh and Others vs State of U.P. and Others

Heard learned counsel for the petitioners and learned Government Advocate.

Under challenge is existence of FIR relating to case Crime No. 444 of 2009 under Sections 506/507, IPC, and subsequently added Sections 384,420, IPC read with Section 3/4/5 Immoral Traffic (Prevention) Act, 1956, Police Station Wazirganj, district Lucknow.

We have gone through the contents of FIR and the statement of complainant recorded on 24.10.2009 after which Section 384,420 and Sections 3/4/5, Immoral Traffic (Prevention) Act, 1956 has been added.

Great emphasis has been laid by the learned counsel for the petitioners on the case of Joginder Singh v. State of U.P., 1994 (4) SCC 1172 and it has been asserted that mere lodging of the FIR does not give a right to the investigating agency to arrest the person unless and until some incriminating and cogent evidence which constitute an offence, and that too being a serious one is collected to enable the investigating agency to put their hands upon the accused person.

It has been pointed out by the learned counsel for the petitioners that on earlier occasion too, an FIR was registered against the petitioners by opposite party No. 3 vide case crime No. 423 of 2009 under Sections 294,506,509, IPC at Police Station Wazirganj, district Lucknow but since the police has not found any cogent and reliable evidence so as to lay their hands upon the shoulders of the petitioners, as such this FIR is an outcome of the same incidence.

It has also been argued that had it been a case of intimidation as it comes out from the FIR relating to case crime No. 444 of 2009 lodged on 14.10.2009, there would have been a complete allegation levelled on the part of opposite party No. 3 and even the parcha by means of statement of P.W. 3 which was recorded on 24.10.2009 vide Annexure 2 discloses an absurd story on the part of opposite party No. 3.

We have gone through the contents of the FIR, which discloses commission of cognizable offence, as such, the same cannot be quashed.

However, taking into consideration the earlier FIR, which was registered vide Case crime No. 423 of 2009 under Sections 294, 506, 509, IPC and also looking into the present FIR as well as the statement of opposite party No. 3 recorded on 24.10.2009, we hereby direct that the petitioners shall not be arrested in the case crime No. 444/09, under Sections 506/507, IPC, and subsequently added Sections 384,420, IPC read with Section 3/4/5, Immoral Traffic (Prevention) Act, 1956 Police Station Wazirganj, district Lucknow unless and until some cogent and reliable evidence comes forward against the petitioners. However, the investigation shall go on and petitioners shall cooperate in the investigation.

With the above observation, the writ petition is finally disposed of.