Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5080 of 2019 Petitioner :- Zafar Alam Alias Anzar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Furquan Ahmad (Alvi) Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, learned AGA for the State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 3.2.2019, registered as Case Crime No. 17 of 2019, under Sections 406, 323, 504, 506 IPC and Section 3(1)(D), 3(1) (Dha), 3(2) (Va) of SC/ST Act at P.S. Phoolpur, District Azamgarh.
Allegation in the FIR is to the effect that the petitioner had taken money from the informant for giving good return but money was not returned and, later, when a demand was made, informant was also threatened and insulted.
Contention of learned counsel for the petitioner is that as per information received by the petitioner informant had invested money in Bajaj Allianz Life Insurance policy and since there had been a default in making payment of one of the instalments, the policy got discontinued and some money was returned, which was less because the policy had to be discontinued. It has also been submitted that there is no allegation in the FIR which may disclose commission of any offence punishable under SC/ST Act.
Be that as it may, it is well settled that an FIR need not be an encyclopedia of all the facts and events and, therefore, since the allegation, made in the FIR, discloses commission of cognizable offence, the prayer of the petitioner to quash the FIR cannot be accepted. However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this writ petition by providing that the investigation of the aforesaid case shall continue and be brought to its logical conclusion but, subject to co- operation of the petitioner in the investigation, he shall not be arrested in the above noted case till submission of police report under Section 173 (2) Cr.P.C.
The writ petition stands disposed off.
Order Date :- 25.2.2019 RavindraKSingh