Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16681 of 2019 Petitioner :- Wazid Hussain Alias Babbu And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Tiwari,Surya Bhan Dubey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri S.K.Tiwari, learned counsel for the petitioners, Sri S.S.Sachan, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 2.11.2017, registered as Case Crime No.1136 of 2017, under Sections 147, 323, 307 I.P.C., Police Station Baradari, District Bareilly.
It has been submitted by the petitioners that the petitioners are innocent and have been falsely implicated in the present case due to ulterior motive. He further submits that respondent no.4 is an NRI woman and her husband is a Scientist at Bracklin in America. The petitioners are poor person and used to live in the disputed paternal property. The husband of respondent no.4 is brother-in-law of petitioner no.1 and brother of petitioner no.3 and the parental property is earned by father of petitioner no.1 namely Late Niyaz Ahmad and after the death of Niyaz Ahmad, husband of respondent no.4 wanted to grab the property and there is partition suit pending between the parties, hence, the impugned FIR has been lodged by respondent no.4 against the petitioners containing absolutely false, concocted, vague and sweeping allegations against them, though no offence is made out against them, hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no.4 who is an unmarried girl shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to her cooperation during investigation.
(ii) As far as the petitioner nos. 1, 2 & 3 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Vivek Varma,J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019/NS