Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11175 of 2019 Petitioner :- Nasir Haidar And 10 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Namit Kumar Sharma,Ajeet Kumar Chaurasiya Counsel for Respondent :- G.A.,Abhishek Mishra
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Vakalatnama has been filed by Shri Saqib Meezan learned counsel for respondent no. 4, which is taken on record.
Heard the learned counsel for the petitioners, learned counsel for respondent no. 4 and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 16.04.2019 in Case Crime No. 339 of 2019, under Sections 498-A, 323, 354, 376, 377, 295 I.P.C., Police Station- Qwarsi, District- Aligarh.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no. 4 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra learned counsel for respondent no. 4 as well as A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
The petition sane any merit is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
It is further provided that the petitioner nos. 2 to 11 shall be released on interim bail till the final disposal of the regular bail application.
Order Date :- 26.4.2019/Sharad/-