Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30218 of 2018 Petitioner :- Rahil Ansari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mayank Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 19.09.2018 registered as Case Crime No. 279 of 2018, under Sections 419, 420, 467, 468 I.P.C., P.S. Kerakat, District Jaunpur.
Learned counsel for the petitioner submitted that the date of birth of the petitioner was wrongly recorded in its passport and since the said correction was discovered by him he moved an application for the correction of his date of birth (Annexure-3) but without passing any order therein, the impugned F.I.R. has been lodged by the respondent no. 4. Moreover apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioner's complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned FIR, 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 his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 26.10.2018 SA