Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22898 of 2018 Petitioner :- Shaik Mumtaz Saqlaini Alias Mumtaz Ahmad Alias Mumtaz Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhaskar Bhadra Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Bhaskar Bhadra, learned counsel for the petitioner, Sri Deepak Mishra,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 petitioner with a prayer to quash the FIR dated 2.8.2018, registered as case crime No.324 of 2018, under Sections 376, 370, 342, 452, 323, 511 I.P.C., P.S. Qila, District Bareilly.
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 submits that private respondent no.3 is the second wife of petitioner as the petitioner's first wife had left him in the year 2011. He further submits that the allegation which has been levelled against the petitioner in the FIR appears to be highly improbable and it is stated that the petitioner is also having a daughter from his first wife who is stated to be living with the petitioner, which was disliked by the respondent no.3, on account of which she lodged the impugned FIR against the petitioner. 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 by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
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 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 :- 23.8.2018/NS