Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 5103 of 2018 Petitioner :- Javed And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Aslam Khan Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,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 quash the F. I. R. dated 28.1.2018 which has been registered as Case Crime No. 40 of 2018, under Sections-324, 323, 504, 506 IPC, police station Seohara, district Bijnor so far it relates to the petitioners.
It is contended by learned counsel for the petitioner that present proceedings are nothing but a counter blast to the proceedings initiated from the petitioner's side against the private respondent which is bad in law. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 27.2.2018 faraz