Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 26326 of 2017 Petitioner :- Nafisul Hasan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 28.07.2017 lodged in Case Crime No.754 of 2017, under Sections 419, 420, 467, 468, 471, 447 I.P.C., Police Station Chakeri, District Kanpur Nagar.
It has been submitted by learned counsel for the petitioner that the petitioner was not named in F.I.R., and the co-accused persons, namely, Asim @ Pappu Smart and seven others, who were named in the F.I.R., have been granted protection by another Division Bench of this Court vide order dated 12.09.2017 passed in Criminal Misc. Writ Petition No.18687 of 2017, copy of which order is annexed as Annexure-3 to the writ petition. He further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F.I.R. it cannot be said that no cognizable offence is made out, hence the impugned F.I.R., is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 28.11.2017 S.Ali