Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26428 of 2018 Petitioner :- Rizwan Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 08.04.2018 registered as Case Crime No. 186 of 2018, under Sections 147, 149, 341, 323, 366, 368, 506, 120-B I.P.C., P.S.-
Parikshitgarh, District- Meerut.
It has been submitted by the learned counsel for the petitioner that the petitioner who is a resident of the same village as co-accused Shahzad was not named in the impugned F.I.R., his name as an accused in the present case has came into light during investigation. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. It is next submitted that the another Bench of this Court has granted interim protection to the main accused during investigation vide order dated 04.05.2018 passed in Criminal Misc. Writ Petition No. 11392 of 2018 (Shahzad Ali and Another vs. State of U.P. and others). He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. 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 and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, 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.
A copy of this order shall be provided to learned counsel for the petitioner within 48 hours.
Order Date :- 24.9.2018 M/A.