Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25701 of 2019 Petitioner :- Nijamuddin @ Lalla And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioners and learned A.G.A. for the respondent Nos. 1 &2.
This writ petition has been filed seeking a writ of certiorari quashing the First Information Report dated 11.10.2019, registered as Case Crime No. 0432 of 2019, under Sections 323,504, 506, 354 I.P.C. at P.S. Cant, District- Bareilly.
As per F.I.R. the victim had gone to Nakatia for purchase of household articles where the petitioners came and committed mar-peet with the victim and hurled abuses. Further allegation is that petitioner no. 2 outraged her modesty.
Learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged in the F.I.R. He has been falsely implicated due to ulterior motive. Virtually petitioner Nos. 1, 2 & 3 are real brothers and sister. The petitioner No. 3 was earlier married to one Raees Ahmad, who is the present husband of the informant. The petitioner No. 3 has lodged an N.C.R. No. 323 of 2019, under Sections- 323, 504 I.P.C. against said Raees for performing second marriage with the informant and in retaliation thereof the informant has lodged the present F.I.R. against the petitioners as a counterblast with totally false, frivolous and fabricated allegations with a view to pressurize/harass the petitioners. Hence, present F.I.R. may be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner 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 petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that he shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed off.
Order Date :- 17.12.2019 SY