Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25486 of 2018 Petitioner :- Shadab And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jamaluddin Mohd. Nasir Counsel for Respondent :- G.A.,Ajay Kr. Srivastava,Sanjay Kr. Srivastava
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Jamaluddin Mohd. Nasir, learned counsel for the petitioners, Sri Sanjay Kumar Srivastava, learned counsel for the caveator/respondent no.3, Sri Irshad Husain, learned brief holding appearing for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 03.09.2018, registered as case crime no. 246 of 2018, under sections 406, 504, 506, 307, I.P.C., police station Phalawada, District Meerut.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that though the F.I.R. of the present case was registered under section 307 I.P.C. and others, but it is a case of no injury. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned counsel for the caveator as well as 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 petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018/VKG