Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34057 of 2018 Petitioner :- Hasrat And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar Tyagi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This petition has been filed by the petitioners with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 446 of 2018, under section-506 IPC and Section-3 (2) (ii) of SC/ST Act at P. S.- Meerapur, district-Muzaffar Nagar.
It has been submitted by learned counsel for the petitioners that the impugned F. I. R. has been lodged by the respondent no. 3 implicating the petitioners only on the basis of suspicion after they were enlarged on bail. He has further submitted that apart from the bald allegations made in the impugned F. I. R. there is no credible evidence, even prima facie, indicating at the petitioners' complicity in the commission of the alleged crime, hence the impugned F. I. R. which is a bundle of lies and a product of malice, is liable to be quashed.
Per contra, learned A. G. A. 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.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction that the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to their extending cooperation in the investigation.
Order Date :- 27.11.2018 HR