Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3171 of 2021 Petitioner :- Meraz And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shrikant Singh Yadav,Shivajee Srivastava Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard Sri Shivajee Srivastava, learned counsel for the petitioner, Sri Vinod Kant, learned A.A.G. and Sri N.K. Srivastava, learned A.G.A. for the State.
The accused are facing investigation and apprehending their arrest pursuant to the F.I.R. registered as Case Crime No.201 of 2020 dated 19.12.2020 under Sections 363, 366, 506 and 120 B of I.P.C. at Police Station, Pawai, Azamgarh and by way of this writ petition, the petitioners seeks quashment of the aforesaid F.I.R.
It is stated at the Bar that the complainant has already given an affidavit that the complaint made by complainant was in mistake. All these are questions of facts which require to be investigated. It has been rightly submitted by learned A.A.G., that prima facie it cannot be said that no case is made out for the offences alleged to have been committed by the petitioners.
The submission made by learned counsel for the petitioners may be good for praying for bail In that view of the matter, we are not inclined to interfere with the case in the writ jurisdiction. We are even fortified in our view by the decision in State of Telangana Vs. Habib Abdullah Jeelani and others, (2017) 2 SCC 779.
In view of the above, this writ petition is dismissed at this stage.
Order Date :- 12.5.2021 DKS