Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 19962 of 2018 Petitioner :- Shoeb And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harshit Pathak,Anurag Pathak Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F. I. R. dated 30.5.2018 which has been registered as Case Crime No.
60 of 2018, under Section 363 IPC, police station Badgoan, district Saharanpur so far it relates to the petitioners.
It has been submitted by learned counsel for the petitioners that one Usman son of Fulla had taken away the respondent No.4 and the allegation against the petitioners is that they helped in the commission of the alleged offence. It is next contended that the petitioners, who are resident of the same village, have no concern with the said offence and they have been falsely implicated in the present case. 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.
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 petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners 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 faraz