Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1996 of 2019 Petitioner :- Rabban Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kumar Dhananjay Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Kumar Dhananjay, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 15.11.2018 registered as Case Crime No. 3014 of 2018, under section 392, 411 I.P.C, P.S. Indirapuram, District Ghaziabad.
Learned counsel for the petitioner submits that the FIR is against an unknown accused, name of the petitioner surfaced in the statement of one Rukhsad with whom he has political rivalry, no offences are made out, FIR is liable to be quashed.
Learned A.G.A, submits that at this stage, there is no reason to believe the statement of Rukhsad, investigation is pending.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 29.1.2019 N.S.Rathour