Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 20072 of 2018 Petitioner :- Saifli @ Sheru @ Shaif Ali Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shujauddin Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned A. G. A. for the State and Sri Rizwan Ahmad, learned counsel, who has put in appearance on behalf of the private respondent by filing his power today in the Court which is taken on record.
This writ petition has been filed by the petitioner with prayer to quash the F.I.R. dated 25.06.2018 lodged in Case Crime No.0152 of 2018, under Sections 363, 366, 504 I.P.C., Police Station Amroha Dehat, District J.P.Nagar.
It has been submitted by learned counsel for the petitioner that the daughter of the respondent no.3 had gone with one Shane Alam, the paternal uncle of the petitioner in which the petitioner has no role in the alleged offence and has been falsely implicated only to put pressure upon the said Shane Alam. 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.
Learned counsel for the private respondent states that the petitioner has also been named in the F.I.R.
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 petitioner and nature of allegations made in the F. I. R., it is directed that the petitioner 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 :- 26.7.2018 S.Ali