Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11434 of 2019 Petitioner :- Saddam And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.K Singh Gaharwar Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard Sri R.K. Singh Gaharwar, learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the F.I.R. dated 11.4.2019, registered as Case Crime No. 0177 of 2019, under Sections 147, 148, 323, 395, 504 & 506 IPC, Police Station- Civil Lines, District- Aligarh.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no.3 Ramendra Kumar containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. He further submitted that petitioner Nos. 1 and 4 are the Corporator (Sabhasad), due to political rivalries they have been falsely implicated in the present case. Apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and hence the impugned F.I.R. is liable to 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 petitioners 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 petitioners, 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 petitioners, it is directed that the petitioners 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 they 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 of.
Order Date :- 30.4.2019 Ashutosh Pandey