Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23162 of 2018 Petitioner :- Mujtijab Ahmad @ Mintoo @ Mustajab Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Amit Mishra, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 03.06.2018, registered as case crime No.0470 of 2018, under Sections 386, 506, I.P.C., P.S. Bahedi, District Bareilly.
Learned counsel for the petitioner submits that respondent no.3 is a hardened criminal and criminal history of the respondent no.3 is mentioned in para-7 of the writ petition. He further states that the petitioner sister is neighbor of respondent no.3 for the last 8-9 years and the respondent no.3 have some enmity with the sister of petitioner, hence the respondent no.3 has lodged present FIR against the petitioner with malafide intention.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he 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 :- 24.8.2018 VKG