Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10686 of 2018 Petitioner :- Gayyur Ahmad @ Gayyub Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rizwan Ahmad,Aseem Kumar Rai Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Rai, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 7.3.2018, registered as Case Crime No.218 of 2018, under Sections 147, 148, 452, 420, 467, 468, 471, 323, 504, 506 I.P.C., P.S. Deoband, District Saharanpur.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the petitioner has also lodged an FIR against respondent no.4 for the similar offence on the basis of an application under Section 156(3) Cr.P.C. which was registered as Case Crime No.217 of 2018, under Sections 420, 467, 468, 471, 323, 504, 506 I.P.C., Police Station Deoband, District Saharanpur and just as a counter-blast the impugned FIR has been lodged by respondent no.4 against the petitioner. The allegation levelled against the petitioner is absolutely false frivolous and baseless. No offence is made out against the petitioner, hence, the FIR be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
It is made clear that in case the FIR lodged by petitioner is challenged by respondent no.4 before this Court, he shall be entitled for the same relief.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 26.4.2018/NS