Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19964 of 2018 Petitioner :- Tahir Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sufia Saba,Sayeed Saif Ullah Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Ms. Sufia Saba, learned counsel for the petitioner, Sri N.K.Verma, 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 20.5.2018, registered as case crime No.274 of 2018, under Sections 376D, 506 I.P.C. and 5/6 POCSO Act, P.S. Gangoh, District Saharanpur.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR as the same was lodged against five accused persons, namely, Dildar, Baba Irfan, Farman, Shahrukh and Sarvar and name of the petitioner has come into light for the first time in the statement of the victim recorded under Section 164 Cr.P.C. She further argued that there was an agreement to sale of a house with father of the victim with the petitioner and some money was also taken by him and when the petitioner asked to execute the said agreement, the same was neither executed nor the money was refunded to the petitioner, and thereafter the impugned FIR has been lodged against the petitioner by respondent no.4 levelling false and frivolous allegations. The said fact has been mentioned in paragraph nos. 13, 14 & 16 of the writ petition. 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.
The case of the petitioner is distinguishable from the case of accused persons named in the FIR.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018/NS