Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34105 of 2018 Petitioner :- Iqbal Hasan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Alka Pandey 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 writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 17.02.2011 registered as Case Crime No. 226 of 2011, under Sections 406, 420, 467, 468, 471 I.P.C., P.S.- Loni, District- Ghaziabad.
It is submitted by the learned counsel for the petitioner that the petitioner is not named in the F.I.R., which was lodged in the year 2011, but till date investigation has not concluded. The petitioner for the first time came to know about Case Crime No. 226 of 2011 on 28.09.2018 when the police started visiting his residence. It is next submitted that no credible evidence on record whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime, and hence the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.11.2018 KS