Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30912 of 2018 Petitioner :- Faim Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandravir Singh Raghuvanshi,Vishal Singh Counsel for Respondent :- G.A.,Manoj Kumar
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner, Sri Manoj Kumar, learned counsel for respondent no. 4 and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the impugned F.I.R. dated09.09.2018 registered as Case Crime No. 0203 of 2018, under Sections 420, 467, 468, 471, 506 I.P.C. Police Station Sherkot, District Bijnor.
It has been submitted by the learned counsel for the petitioner that the petitioner was granted appointment on compassionate ground in place of his father. The impugned FIR lodged by respondent No. 4, who has no concern with the matter after inordinate and unexplained delay of nine years falsely alleging that the petitioner has obtained appointment on the basis of fake documents. Moreover, apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioner.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioner and the nature of the allegations made in the F.I.R., it is directed that till submission of police report under Section 173(2) Cr.P.C., the petitioner shall not be arrested in the aforesaid case subject to his extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 29.10.2018 A.K.Verma