Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16098 of 2020 Petitioner :- Iftekhar Ahmad Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shadab Ali Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State-respondents and perused the record.
This writ petition has been filed by the petitioner for quashing of the F.I.R. dated 06.03.2020 registered as Case Crime No.086 of 2020, under Sections 124-A & 153-B I.P.C., Police Station- Kareli, District Prayagraj, with a further prayer not to arrest the petitioner in pursuance of the aforesaid first information report.
The allegations levelled in the F.I.R. are that the petitioner has participated in a protest against C.A.A., N.R.C and N.P.R. The submission of learned counsel for the petitioner is that the petitioner is not named in first information report. The two names came into the light i.e., Fazal Khan & Shoeburrehman in the statement of the informant- Shri Santosh Kumar Dubey, S.H.O., Police Station Kareily, thereafter arrested co-accused Fazal Khan disclosed the name of petitioners. There is no cogent evidence on record to connect the petitioner with the alleged offence. Neither the petitioner has committed the alleged offence nor he is involved in the alleged incident. Only for the purpose of harassment the petitioner has been falsely implicated in the present case. No offence is made out against petitioner, therefore, impugned F.I.R. is liable to be quashed.
It has been submitted that in similar matter, the relief is granted to the petitioner especially in Criminal Misc. Writ Petition No.12148 of 2020.
However, in the peculiar facts and circumstances of the case and submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner shall not be arrested in the aforementioned case till the submission of police report under Section 173(2) Cr.P.C. provided that petitioner shall participate and co-operate with the investigation.
Order Date :- 5.1.2021/Shivangi