Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37083 of 2018 Petitioner :- Faisal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Rai,Mohd. Izhar Usmani Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Certified copy of F.I.R. filed today is taken on record. Heard counsel for the petitioner and AGA for the State.
The writ petition has been filed for quashing the F.I.R. 21.11.2018, registered as Case Crime No.457 of 2018, under Sections 147, 307, 323, 504 506, I.P.C. P.S. Shahganj, district Prayagraj.
In the substance, the allegation made in the F.I.R.is that on 21.11.2018 at 4-00 P.M. 05 persons came at the house of the informant and out of them four persons exhorted coaccused Yusuf, who opened fire. However, no injury has been caused to any one. So far as Yusuf is concerned, he has been granted protection by this Court in Criminal Misc. Writ petition No.36620 of 2018 by order dated 17.12.2018. The role assigned to the petitioner is of mere exhortation.
The F.I.R. discloses cognizable offence, therefore, it is not liable to be quashed at this stage.
In the fact of the case, the writ petition is disposed of with the direction that the petitioner shall not be arrested in Crime No.457 of 2018, under Sections 147, 307, 323, 504 506, I.P.C.
P.S. Shahganj, district Prayagraj till submission of police report under section 173(2) Cr.P.C.
Order Date :- 18.12.2018 mt