Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37460 of 2018 Petitioner :- Sundar @ Sundar Lal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Samir Srivastava,A.C.Srivastava Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri R.P.Singh, learned counsel, who has put in appearance on behalf of the respondent no.4 by filing his power today in the Court, is taken on record.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 29.11.2018 lodged in Case Crime No. 1196 of 2018 under Sections 147, 148, 149, 323, 386, 504, 506 I.P.C., Police Station Masoorie, District Ghaziabad.
It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent 4. Hence the FIR deserves to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the FIR is refused.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
In the light of above observations, this petition is accordingly disposed of.
Order Date :- 20.12.2018/S.Ali