Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25734 of 2019 Petitioner :- Firoz Beig And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Shabbir Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Mohd. Shabbir, learned counsel for the petitioners and the learned AGA for the State.
This petition has been filed seeking quashing for the FIR dated 23.11.2019 registered as Case Crime No.622 of 2019, under Sections 147, 148, 427, 504, 307, 452, 506 IPC, Police Station Kotwali, District Shahjahanpur with a further prayer not to arrest the petitioner in pursuance of the said FIR.
The allegation in the FIR is that on 24.07.2019 the petitioners were damaging linter of the informant and when he objected the petitioners threatened him of dire consequences.
Learned counsel for the petitioners submitted that all the petitioners have falsely been implicated in the present case only to harass them.
Per Contra, learned AGA 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.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information report as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of a certified copy of this order Order Date :- 18.12.2019/Kirti