Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7935 of 2018 Petitioner :- Mohd. Abu Sufiyan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Saini Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F. I. R. dated 12.2.2018 which has been registered as Case Crime No. 85 of 2018, under Sections-379, 411, 482, 492 IPC, police station Tronika City, district Ghaziabad so far it relates to the petitioner.
It has been submitted by learned counsel for the petitioner that the allegation against the petitioner is that he absconded from the place of occurrence and the motorcycle has been recovered from the arrested person. Learned counsel for the petitioner contends that the petitioner has been falsely implicated and he was appearing in intermediate examination on the relevant date and time and nothing has been recovered from him or at his pointing out. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 30.3.2018 faraz