Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36998 of 2018 Petitioner :- Haider Ali Warsi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Keshari,Randhir Jain Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Randhir Jain, learned Counsel for the petitioner and Sri J.K. Upadhyay, learned AGA for State.
This writ petition has been filed by the petitioner seeking quashment of the FIR dated 23.11.2018 in respect of Case Crime No. 0389 of 2018 under Sections 153-A, 295-A of IPC and section 67 of I.T. (Amended) Act, 2008, Police Station Kotwali Katra, district, Mirzapur.
Learned Counsel for the petitioner submits that the allegations against the petitioner, even if accepted at its face value, shall not constitute offence as alleged by the prosecution. He submits that if on spur of moment, something has been done by the petitioner, the same is required to be ignored considering the facts that he is a young boy pursuing his education. He further submits that in future, the petitioner would be careful and shall not indulge in such activities. It has been argued that the petitioner has no criminal history to his credit.
On the other hand, learned A State counsel opposes the submission Be that as it may, keeping in mind the nature of allegation levelled against the petitioner, we are not inclined to quash the first information report. The petition in that respect is dismissed.
However, in the larger interest, considering the nature of allegations, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.
P.C before the Court concerned.
It is made clear that this order would remain effective till the petitioner cooperates in the investigation.
The petition is accordingly, disposed of.
Order Date :- 19.12.2018 Shahid