Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16644 of 2019 Petitioner :- Smt. Nasima And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Irshad Husain,Syed Imran Ibrahim Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Asiman holding brief of Sri S.I. Ibrahim, learned counsel for the petitioners, Sri S.S. Sachan, 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 with the prayer to quash the F.I.R. dated 9.5.2019, registered as Case Crime No.277 of 2019, u/s 477, 3/4 Prevention of Damage to Public Property Act, P.S. Kairana, district Shamli.
Learned counsel for the petitioners submits that the present FIR has been lodged against the petitioners on account of suspicion only. From the perusal of the FIR it is apparent that no offence is made out against the petitioners. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Gaurav