Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37277 of 2018 Petitioner :- Jaiveer And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Ausaf Un Nabi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Syed Ausaf Un Nabi for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 16.4.2018 of Case Crime No. 206 of 2018, under Section 147, 148, 149, 324 IPC, P.S. Wazirganj, Distt. Budaun.
A perusal of the FIR shows that in substance the allegation has been made that on 16.4.2018 at about 06 PM when the informant and his family members had gone for cremation then at that time accused persons armed with gun and pistol came there and assaulted the informant and other persons. In the meantime, Sevendra, Ramvir, Karan Singh caused lathi injury in which Surajpal and Rajister had received injury.
The counsel for the petitioner submits that FIR lodged on false allegation inasmuch as the petitioners have lodged the FIR of Case Crime No. 207 of 2018 and in order to mount the pressure, the present FIR has been lodged on false allegation.
The FIR discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of the FIR dated 16.4.2018 of Case Crime No. 206 of 2018, under Section 147, 148, 149, 324 IPC, P.S. Wazirganj, Distt. Budaun till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 19.12.2018 Rahul /-