Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30460 of 2018 Petitioner :- Faheem Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Samiuzzaman Khan Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This petition has been filed by the petitioner with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No.708 of 2018, under Sections 147, 148, 149, 307, 427, 323, 504, 506, 452, 436, 353, 332 IPC and Section 7 of Criminal Law Amendment Act at Police Station Gulariha, District- Gorakhpur.
It has been submitted by learned counsel for the petitioner that the impugned F.I.R. has been lodged by the respondent no.4 against twenty four named and two hundred unnamed persons including the petitioners alleging commission of offence under aforementioned sections. He has further submitted that apart from the bald allegations made in the impugned F.I.R. there is no credible evidence, even prima facie, indicating at the petitioners' complicity in the commission of the alleged crime, hence the impugned F.I.R. which is a bundle of lies, is liable to be quashed qua the petitioners.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in 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.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F.I.R. as well as the other material brought on record, we dispose of this writ petition with the direction that the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to his extending full cooperation in the investigation.
Order Date :- 27.10.2018 Anand Sri./-