Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16132 of 2019 Petitioner :- Mohammad Muzaffar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Keshari Nath Tripathi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri K.N. Tripathi, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 20.5.2019, registered as Case Crime No.136 of 2019, u/s 379 IPC and 3/4 Prevention of Public Property Damages Act, 1984, P.S. Bhot, district Rampur.
Learned counsel for the petitioners submits that the impugned FIR does not demonstrate any prima-facie cognizable offence against the petitioners. The Investigating Officer without collecting any credible evidence is unnecessarily harassing and threatening the petitioners to arrest in the alleged occurrence. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Gaurav