Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11505 of 2019 Petitioner :- Mohammad Zeeshan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Meraj Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the First Information Report dated 10th March, 2019 registered as Case Crime No.183 of 2019, under Sections 384, 504 and 506 IPC at Police Station Civil Lines, District Moradabad.
The contention of learned counsel for the petitioner is that the sister of the petitioner had made a complaint before the Consumer Forum against the informant (respondent no.3) and in that complaint a compromise had taken place.
The allegation in the impugned first information report is that the petitioner threatened the informant to re-open that case and, by way of blackmailing, demanded Rs.50,000/-.
The contention of learned counsel for the petitioner is that the allegations are false and mala fide and have been levelled only because the respondent no.3 was earlier dragged to the Consumer Forum by the sister of the petitioner.
Be that as it may, the correctness of the allegations are not ordinarily to be tested in writ jurisdiction, therefore the prayer to quash the impugned first information report cannot be accepted. However, considering the facts and circumstances of the case, we deem it appropriate to dispose of the petition by providing that investigation of the above case shall continue and be brought to its logical conclusion but subject to the petitioner's co-operation in the investigation, he shall not be arrested till submission of police report under Section 173 (2) CrPC.
Order Date :- 30.4.2019. Rks.