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Hazi Parvej vs State Of U P And Another

High Court Of Judicature at Allahabad|24 June, 2019
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JUDGMENT / ORDER

Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17088 of 2019 Petitioner :- Hazi Parvej Respondent :- State Of U.P.. And Another Counsel for Petitioner :- Mohd. Monis Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 4.5.2018 registered as Case Crime No.12 of 2018, under Section 25 of Arms Act, P.S. Phalwada, District Meerut.
It is submitted by the learned counsel for the petitioner that the petitioner is being harassed at the instance of the sympathizer of the police personnel whose palm has not been greased by the petitioner. The life and liberty of the petitioner cannot be slashed merely on suspicion. Prima facie no cognizable offence is made out against the petitioner pursuant to the FIR lodged by the respondent no.4. Hence the FIR deserves to be quashed.
Per contra learned A.G..A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 24.6.2019 M. Tariq
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Title

Hazi Parvej vs State Of U P And Another

Court

High Court Of Judicature at Allahabad

JudgmentDate
24 June, 2019
Judges
  • Naheed Ara Moonis
Advocates
  • Mohd Monis