Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16585 of 2019 Petitioner :- Shadab Hussain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aijaz Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Aijaz Ahmad Khan, learned counsel for the petitioner, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 18.04.2019 registered as Case Crime No. 0206 of 2019, under Sections 323, 504, 506 and 448 IPC, Police Station Kareli, District Prayagraj.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submitted that no recovery of any incriminating article has been made either at the pointing out of the applicant or from his possession. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Lbm/-