Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 20617 of 2019 Petitioner :- Wasim Raza Khan And 15 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhanshu Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Reconstructed copy of the affidavit of compliance on behalf of the State filed today is taken on record.
Heard Shri Sudhanshu Pandey, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 4.8.2019, registered as Case Crime No. 387 of 2019, under sections 147, 148, 149, 323, 504, 506, 353, 332, 337, 307 I.P.C & 7 Criminal Law Amendment Act, P.S. Kotwali Padrauna, District Kushinagar.
It is submitted by learned counsel for the petitioners that the petitioners are alleged to have fired / attacked at police party, which is absolutely false and frivolous, in fact police has taken away co-accused Khurram, brutally beaten him, as per his medical report, he sustained several injuries, petitioners have been falsely implicated with a view to coerce them and to save the erring officials, no offence is made out, hence, FIR 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 petitioners.
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 petitioners 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 :- 27.9.2019 N.S.Rathour