Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26775 of 2018 Petitioner :- Mudassir And 04 Others Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Furquan Ahmad (Alvi) Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri F.A. Alvi, learned counsel for the petitioners, Sri N.K. Tiwari, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 14.9.2018 registered as case crime no. 130 of 2018 under sections 147, 323, 452, 354, 427, 504, 506, 352 I.P.C., 7 C.L.A. Act and 3 (2) (Va), 3 (1) (Da), 3 (1) (Gha) S.C./S.T. Act, police station Pawai, District Azamgarh.
Learned counsel for the petitioners submits that earlier an N.C.R. was lodged by petitioner no. 1 against respondent no. 3 in which he was arrested and sent to jail. After release on bail in the said case, the respondent no.3 lodged the present F.I.R. on the basis of application under section 156 (3) Cr.P.C. after one month of the incident levelling false and frivolous allegations, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 25.9.2018 Shiraz