Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38001 of 2018 Petitioner :- Ahsan Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Zafar Abbas Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard learned counsel for the petitioner, Sri Pawan Shukla, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 09.12.2018 registered as case crime no. 419 of 2018 under sections 384, 385, 506 IPC, police station Harduaganj, District Aligarh.
Learned counsel for the petitioner submits that the petitioner belongs to a political party and had raised voice against a murder which took place at Aligarh where two priests of a temple were killed and it is stated that respondent no.4 who happens to be a family member of the two deceased have lodged the present FIR and the petitioner was pressurized by them for giving evidence in favour of the accused persons.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner shall not be arrested in above mentioned case till submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Madhurima