Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25560 of 2019 Petitioner :- Jahid Husain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
The petitioner in the present writ petition is seeking quashing of the F.I.R. dated 03.11.2019 registered as Case Crime No. 0388 of 2019, under Section 3/5/8 C.S. Act at Police Station- Kotwali Nagar, District- Aligarh.
Learned counsel for the petitioner submitted that neither the petitioner is named in the F.I.R. nor he has committed any offence as alleged in it. Petitioner is the owner of the vehicle in question and due to non fulfilment of illegal demand of the Police, the petitioner has been implicated in the present case on false, frivolous and concocted allegations with an ulterior motive. Hence, present F.I.R. may 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 perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that he shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed off.
Order Date :- 16.12.2019 SY