Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37981 of 2018 Petitioner :- Naveel Ahmad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ranjeet Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard learned counsel for the petitioners, Sri Irshad Hussain, 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 by the petitioners with a prayer to quash the F.I.R. dated 23.09.2018 registered as case crime no. 418 of 2018 under sections 498A, 323, 506 IPC and section 3/4 D.P. Act, police station Thakurdwara, District Moradabad.
Learned counsel for the petitioners submits that earlier also, private respondent no.4 had lodged an FIR u/s. 498-A, 323, 313, 506 IPC against the petitioners in which charges have been framed and the petitioners have obtained bail. Copy of the said order is annexed at page 24 of the writ petition. Hence, the present FIR is lodged on identical allegations and the same 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 no.1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018/Madhurima