Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7466 of 2018 Petitioner :- Sababul Hasan And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ugrasen Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F. I. R. dated 10.11.2017 which has been registered as Case Crime No. 389 of 2017, under Sections-147, 148, 149, 332, 333, 353, 307, 336, 427, 504, 506, 34 IPC, Section 3/4 Prevention of Damage to Public Property Act and Section 7 Criminal Law Amendment Act police station Didauli, district Amroha so far it relates to the petitioners.
It has been submitted by learned counsel for the petitioners that in the matter of similarly situated co-accused Hafiz Shakir and other, Babbu and others, Qamar Ali and others, Sharafat Hussain and others and Nawab and others, this Court had passed orders on 11.12.2017, 21.12.2017, 18.12.2017, 24.11.2017 and 21.11.2017 in Criminal Misc. Writ Petition Nos. 26916 of 2017, 28530 of 2017, 28072 of 2017, 26099 of 2017 and25732 of 2017, copies of which orders have collectively been filed as annexure-4. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F. I. R. it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 28.3.2018 faraz