Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20369 of 2018 Petitioner :- Mumtaz Husain And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Tripathi,Sujan Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of Certiorari to quash the impugned FIR dated 02.06.2018 arising out of Case Crime No. 207 of 2018 u/ss. 419, 420, 467, 468, 471, 406 IPC, PS. Pipraich, District Gorakhpur.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no.4 roping in the entire family of the petitioners containing absolutely false and frivolous allegations against them. It has next been submitted that apart from bald allegations made in the FIR, no credible evidence whatsoever is forthcoming even prima facie indicating petitioners complicity in the commission of the alleged offence, hence, the impugned FIR is liable to be quashed.
Per contra, learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but petitioner nos.2 and 3 shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as petitioner nos.1 and 4 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018 Madhurima