Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22892 of 2018 Petitioner :- Gulfam Alias Irfan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Zafeer Ahmad Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Zafar Abbas holding brief of Sri Zafeer Ahmad, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. for the State 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 26.07.2018 registered as case crime no.439 of 2018 under sections 420, 467, 468, 471 I.P.C., Police station Mundha Pande, District Moradabad.
Learned counsel for the petitioner submits that out of the six cases mentioned in the FIR, the petitioner has been acquitted in four cases and two cases are under Arms Act which are still pending and the private respondent has lodged the FIR for his ulterior motive though the petitioner did not intent to leave the country.
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 he 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 :- 23.8.2018/Madhurima