Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 4983 of 2019 Petitioner :- Yoga @ Yogesh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Yadav,Mahendra Pratap Counsel for Respondent :- G.A. Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra 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 30.1.2019 registered as Case Crime No.33 of 2019, under Sections 147,148,149,307,386 IPC, P.S. Khekra, District Baghpat.
Learned counsel for the petitioners submitted that the respondent no.4 has lodged the impugned first information report on 30.1.2019 against the petitioners and four unknown persons with absolutely vague and concocted allegations in respect of hurling abusive language and attributing role of firing. It is further submitted that the petitioners have nothing to do with the alleged incident and have falsely been roped in the present case with ulterior intention only in order to cause sheer harassment. Hence the impugned F.I.R. is liable 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 complainant and one Vipul have been injured in the said incident. 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, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioner no.3 Shiva who is said to have been confined to bed 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 he shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
It is further provided that if the petitioner nos.1 & 2, namely, Yoga @ Yogesh and Pintu @ Rajeev Dhama 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.
With the above direction, this petition is finally disposed of.
Order Date :- 22.2.2019 M. Tariq