Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37333 of 2018 Petitioner :- Mohd. Salim And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Kalim,Manish Kumar Kesarwani Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Shri Mohd. Kalim, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 24.4.2013 registered as Case Crime No.256-A of 2013 under sections 147,148,149,307,323,332,352,395,397,436,452,427 I.P.C, and 7 Criminal Law Amendment Act and 3 Prevention of Damages to Public Property Act P.S. Deoband District Saharanpur.
Learned counsel for the petitioners has claimed parity with the order of co-accused passed in Criminal Misc. Writ Petitions No.8317/6103/24024/30482 all of 2018 passed on 4.4.2018,14.3.2018,31.8.2018 and 27.10.2018 respectively. Learned A.G.A, does not dispute the claim of parity and submits that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally
disposed of.
Order Date :- 19.12.2018 RS