Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34342 of 2018 Petitioner :- Sajid And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamal Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Kamal Singh Yadav, learned counsel for petitioners and A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 16.11.2018 registered as Case Crime No. 987 of 2018, under Sections 147, 186, 224, 225, 336 and 353 I.P.C., Police Station - Dadari, District- Gautam Budh Nagar.
A perusal of F.I.R. shows that the police went to the house of the petitioners on 16.11.2018 at 5:10 p.m. to execute the warrant against petitioner no. 1 Sajid and petitioner no. 2 Shahjad. In execution of warrant issued in Case Nos. 267 of 2016 and 268 of 2016, under Section 125(3) Cr.P.C., they were arrested. However, later on brick batting started from neighbours, they were got discharged from the custody of police. Thus, F.I.R. discloses cognizable offence and it is not liable to be quashed at this stage.
Counsel for the petitioners submits that petitioners have been falsely implicated in this case. Inasmuch as if ten persons started brick batting upon police person then some injury must have been raised to them and the police might have also taken some steps for defence but in this matter, nothing has been done. In fact, due to not being arrested the petitioner no. 1 Sajid and petitioner no. 2 Shahjad, F.I.R. has been lodged with false allegations.
As such the writ petition is disposed of with the direction that petitioners shall not be arrested in Case Crime No. 987 of 2018, under Sections 147, 186, 224, 225, 336 and 353 I.P.C., Police Station - Dadari, District- Gautam Budh Nagar till the submission of report by Investigating Officer under Section 173 (2) Cr.P.C.
Order Date :- 29.11.2018 Sharad/-