Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5978 of 2017 Petitioner :- Kaleem And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- M J Akhtar,Sri V.M. Zaidi Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Sri A.P.Mishra, Advocate, has filed his Vakalatnama on behalf of respondent no.4 today in Court, which is taken on record.
Heard Sri V.M.Zaidi, learned Senior Advocate assisted by Sri M.J.Akhtar, learned counsel for the petitioners, Sri A.P.Mishra, learned counsel for the respondent no.4, Sri A.K.Sand, 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 petitioners with a prayer to quash the FIR dated 27.2.2017 registered as Case Crime No.83 of 2017, under Sections 420, 467, 468, 471 I.P.C., Police Station-Civil Lines, District Meerut.
Learned counsel for the petitioners submits that the co-accused Mohd. Rais who was facing trial along with the petitioners for the offence under Section 307 I.P.C. has produced some documents claiming the plea of juvenility and the said documents were found to forged one, on account of which the present FIR has been lodged against the petitioners along with co- accused Rais. From perusal of the FIR, no offence is made out against the petitioners, hence, FIR be quashed.
Learned A.G.A. and learned counsel for the respondent no.4 opposed the prayer for quashing of the FIR and submitted that though the documents pertaining to co-accused Rais were found to be forged and the petitioners happens to be family members of co-accused Rais have given evidence in support of the said documents, hence their participation for the offence in question cannot be ruled ruled.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Mrs. Rekha Dikshit,J.) (Ramesh Sinha, J.)
Order Date :- 19.4.2017/NS