Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10781 of 2018 Petitioner :- Irfan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Ali Imam Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohd. Faisal holding brief of Sri S.A.Imam, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 8.4.2018, registered as Case Crime No.186 of 2018, under Sections 147, 149, 366, 341, 323 I.P.C., Police Station Parikshitgarh, District Meerut.
Learned counsel for the petitioner submits that the petitioner is maternal uncle of the co-accused Shahzad with whom the victim has eloped and on account of the said relationship he has been falsely implicated in the present. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under Section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 27.4.2018/NS