Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30865 of 2018 Petitioner :- Subayyan Shadab And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umair Mahmood Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,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 impugned F.I.R. dated 24.09.2018 registered as Case Crime No. 909 of 2018, under Sections 306, 323, 406, 420, 504, 506 IPC, PS Kotwali Nagar, District Bijnor.
It has been submitted by the learned counsel for the petitioners that since there is no recital in the impugned FIR that the petitioners had abetted the deceased to commit suicide. No cognizable offence is made out against the petitioners. However, apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioner.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioners and the nature of the allegations made in the F.I.R., it is directed that till submission of police report under Section 173(2) Cr.P.C., the petitioners shall not be arrested in the aforesaid case subject to his extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 29.10.2018 A.K.Verma