Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37222 of 2018 Petitioner :- Arif Rais Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Kumar Singh,Gaurav Kashyap Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 12.11.2017 registered as Case Crime No.1104 of 2017, under Sections 420,467,468,471 IPC, P.S. Civil Lines, District Budaun.
It is submitted by the learned counsel for the petitioner that the petitioner is the Mutwalli of the Waqf Property. The present FIR has been lodged by the respondent no.4 against the petitioner with a malafide intention for the purposes of harassment when prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.4. Hence the FIR deserves to be quashed.
Per contra learned A.G..A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.The prayer for quashing the FIR is refused.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioner shall not be entitled to any benefit of this order.
With the above directions, this petition is disposed of finally.
Order Date :- 19.12.2018 M. Tariq