Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10391 of 2018 Petitioner :- Firoz And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tabassum Hashmi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Ms. Tabassum Hashmi, learned counsel for the petitioners, Sri G.P. 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 1.2.2018 registered as case crime no. 19 of 2018 under sections 452, 504, 364-A I.P.C., police station Bahadurgarh, District Hapur.
Learned counsel for the petitioners submits that against the abductee of the present case, namely, Abdulla and one Maulana Azad an F.I.R. was lodged by petitioner no. 1 for the offence under sections 420, 406, 506 I.P.C. which was registered as case crime no. 447 of 2017 levelling allegation that they used to take the persons outside the country on the pretext of providing them job, hence just to harass the petitioners, present F.I.R. has been lodged by respondent no. 4 though it appears that the abducttee has concealed himself in some place. The petitioner nos. 1 and 2 are real brother and petitioner no. 3 was also taken by the abductee outside the country on the pretest of providing job to him, hence the present F.I.R. 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 petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they 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 :- 24.4.2018 Shiraz