Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37220 of 2018 Petitioner :- Wali Sher Khan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ghazanfar Abbas Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 28.5.2018 registered as Case Crime No.344 of 2018, under Sections 420,406,120-B IPC, P.S. Puwayan, District Shahjahanpur.
It is submitted by the learned counsel for the petitioners that the petitioners are not named in the FIR, yet they are being unnecessarily harassed with malafide intention when prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.3. Hence the FIR deserves to be quashed.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioners shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 19.12.2018 M. Tariq