Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 5144 of 2018 Petitioner :- Akhtar And 3 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.
Hon'ble Vikram Nath, J. Hon'ble Ashok Kumar, J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 10.11.2017 which has been registered as Case Crime No.0389 of 2017, under Sections-147, 148, 149, 332, 333, 353, 307, 336, 427, 504, 506, 34 IPC, and 3/4 Prevention of Damages to Public Property Act, 1984 and 7 Criminal Law Amendment Act, 1932, Police Station- Deedauli, District Jyotiba Phule Nagar/Amroha.
It is contended that petitioners have been falsely implicated by the respondent no.2 due to village rivalry and present proceedings have been initiated only to built pressure upon the petitioners, which is bad in law. He further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F.I.R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F.I.R., it is directed that the petitioners namely Akhtar, Shamshad, Aab Jhan and Julfekar shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 28.2.2018 RPS
[Ashok Kumar, J.] [Vikram Nath, J.]