Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5053 of 2019 Petitioner :- Mohammad Khalid Qureshi @ Badshah And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned AGA for the respondent nos. 1 and 2; and perused the record.
The instant petition seeks quashing of the impugned first information report dated 29.01.2019 registered as Case Crime No. 0096 of 2019, under Section 307, 504 and 506 IPC, Police Station Murad Nagar, District Ghaziabad.
The contention of learned counsel for the petitioners is that initially a report was registered as NCR No. 27 of 2019, under Sections 504, 506 IPC, but, later, the offence punishable under Section 307 IPC was added and it was registered as first information report. It has been submitted that a perusal of the first information report would reveal that the informant Ashraf @ Bhoora had not stated in the initial report that any gun shot was fired at him, though he stated that he heard sound of gun shot. It is alleged that two persons were there on motorcycle, namely, Saklen and Khalid @ Badshah, who had fired gun shots without alleging that the shots were fired at him or anybody else. It has been submitted that the allegations are false and with malafide intention, subsequently, statement was made, on the basis of information received, that gun shots were fired on the informant when, earlier, there was no such statement. Otherwise also, there is no injury report in support of the allegation.
Be that as it may, on the above contentions, the first information report, which discloses commission of cognizable offence cannot be quashed. Therefore, the prayer of the petitioners to quash the first information report is not acceptable.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition, by providing that the investigation of the case shall continue and be brought to its logical conclusion, but, subject to their co-operation in the investigation, the petitioners shall not be arrested in the aforesaid case, till the submission of police report under Section 173 (2) Cr.P.C.
Order Date :- 25.2.2019/Lbm/-