Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2159 of 2019 Petitioner :- Azhar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Samiuzzaman Khan Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 7.10.2018 registered as Case Crime No.1429 of 2018 under sections 411, 414, 467, 468, 471, 482 I.P.C, P.S. Phase-III District Gautam Buddha Nagar.
Learned counsel for the petitioner submits that name of the petitioner surfaced in the confessional statement of co-accused Sameer @ Furkan and Manish that apart from them, there were four more accused including the present petitioner whereas the charge sheet came to be submitted only against co-accused Sameer @ Furkan and Manish, no offence whatsoever is made out against the petitioner, FIR be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 29.1.2019 Ram Murti