Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30619 of 2018 Petitioner :- Jameel Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamal Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This petition has been filed by the petitioner with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 465 of 2018, under sections-419, 420, 467, 468, 471, 504 and 506 IPC at P. S.- Kotwali Mau, district-Mau.
It has been submitted by learned counsel for the petitioner that the impugned F. I. R. has been lodged by the respondent no. 3 after an inordinate and unexplained delay of two years containing absolutely false and concocted allegations for the purpose of harassing the petitioner. Moreover, the dispute between the parties, if any, appears to be essentially of civil nature, which the respondent no. 3 is trying to settle taking recourse of criminal proceedings, hence the impugned F. I. R., which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction that the investigation of the aforesaid case shall go on but the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to his extending full cooperation in the investigation.
Order Date :- 29.10.2018 HR