Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34535 of 2018 Petitioner :- Mohd. Husain And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Firoz Khan Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Mohammad Firoz Khan for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 14.11.2018 registered as Case Crime No. 561 of 2018, under Sections 147, 452, 323, 427 IPC P.S. Phoolpur, Distt. Allahabad.
A perusal of the FIR indicates that the allegation has been made that on the date of incident the petitioners forcibly entered into the premises and broke opened the doors of the informant and also assaulted them. The counsel for the petitioners submits that the FIR has been lodged on false allegation inasmuch as the incident has taken place on 13.11.2015 and the FIR of which has been lodged by the petitioners on 13.11.2015 registered as Case Crime No. 0557 of 2018. In order to mount the pressure upon the petitioners, the present FIR has been lodged on false allegation on the next day i.e. 14.11.2018.
We have considered the arguments of the counsel for the petitioner. As the FIR discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of the FIR dated 14.11.2018 registered as Case Crime No. 561 of 2018, under Sections 147, 452, 323, 427 IPC P.S. Phoolpur, Distt. Allahabad, till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 30.11.2018 Rahul /-