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Zabir And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|31 May, 2018
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JUDGMENT / ORDER

Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14482 of 2018 Petitioner :- Zabir And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Saumitra Dwivedi,Girja Shanker Sen Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.0218 of 2018, under Section- 306 IPC P.S.- Aanvla, district- Bareilly.
Learned counsel for the petitioners submitted that all the petitioners named in the FIR; there is no evidence on record to show any abetment; impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 31.5.2018 Radhika
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Title

Zabir And Others vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
31 May, 2018
Judges
  • Vipin Sinha
Advocates
  • Saumitra Dwivedi Girja Shanker Sen