Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26420 of 2018 Petitioner :- Boby @ Zeeshan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Afzal Ahmad Khan Durrani Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.A. Khan Durrani, learned counsel for the petitioner, Sri Gambhir Singh, 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 25.8.2018 registered as case crime no. 2582 of 2018 under sections 354 (Ka), 323, 506 I.P.C., police station Sahibabad, District Ghaziabad.
Learned counsel for the petitioner submits that the petitioner happens to be the friend of co-accused Rehan against whom some allegation has been levelled by the victim in her statement recorded under section 164 Cr.P.C. The petitioner has been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Shiraz