Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37365 of 2018 Petitioner :- Subur Ali @ S.M. Subur Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Tripathi,Rajeev Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 11.12.2018 registered as Case Crime No. 861 of 2018 under section 153-A, 505 I.P.C & under Section 66 of I.T. Act, 2008, P.S. Firozabad South, District Firozabad.
It is submitted on behalf of the petitioner that no offence under Section 66 of the I.T. Act is made out, as the same relates to computer related offence specified under Section 43 of the said Act, coupled with the fact that the allegations only amounted to indicting the State policy over increase of admission tickets to "Taj" with no intention to hurt any religious sentiments, hence the same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 20.12.2018 N.S.Rathour