Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5511 of 2019 Petitioner :- Mohd. Khaleel And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Zaid Arshad,Arshad Hamid Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 1.2.2019 registered as Case Crime No.25 of 2019, under Sections 147,149,336,332,353,323,427,306,511 IPC and Section 7 of Criminal Law Amendment Act, P.S. Uddhyogit Chetr, District Allahabad.
It is submitted by the learned counsel for the petitioners that the petitioners are unnecessarily being harassed by the respondent no.4 on the basis of vague and false allegations made against them. The civil dispute has been given colour of criminal proceedings. The institution of criminal proceedings with regard to the dispute of civil nature is a clear abuse of process of law. He further submitted that 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 petitioners in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioners shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 28.2.2019 M. Tariq