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Mohammad Yakoob Khan vs State Of U P And Others

High Court Of Judicature at Allahabad|31 May, 2019
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JUDGMENT / ORDER

Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15693 of 2019 Petitioner :- Mohammad Yakoob Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjai Kumar Pandey Counsel for Respondent :- G.A.,Keshawa Prasad Pandey,Krishna Chandra Pandey Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner(s), Sri K. C. Pandey, learned counsel for the complaiannt and learned A. G. A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 0130 of 2019, under Section 420, 467, 468, 406, 409 IPC, P.S.- Bansi, District- Siddharth Nagar.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); petitioners have been implicated on the basis of general allegation; much reliance has been placed upon a report, copy of which has been annexed at page no. 34 of the writ petition; matter requires deeper and fairer investigation before any arrest should be given effect to and the petitioner will participate and co-operate with the investigation; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Learned counsel for the complainant submits that the District Magistrate has not done any inquiry conducted.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in 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.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co- operate with the investigation and the police authorities are directed to complete the investigation as early as possible, preferably within three months from the date of production of certified copy of the order before the SSP concerned.
Order Date :- 31.5.2019/Kuldeep
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Title

Mohammad Yakoob Khan vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
31 May, 2019
Judges
  • Vipin Sinha
Advocates
  • Sanjai Kumar Pandey