Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20543 of 2018 Petitioner :- Zafar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K.Upadhyay, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 28.6.2018, registered as case crime No.460 of 2018, under Sections 452, 323, 376D, 506 I.P.C., P.S. Shahbad, District Rampur.
Learned counsel for the petitioners submits that the petitioners who are two real brothers are innocent and have been falsely implicated in the present case with malafide intention.He further submits that the petitioners have lodged a complaint being complaint No.504 of 2017, under Sections 323, 354-B I.P.C., P.S. Azeem Nagar, District Rampur against Yasin and Mpbin who were witness of the present incident which is still pending against them. He next argued that the husband of respondent no.3 is doing the work in the hotel of the said Yasin and Mobin who are inimical to the petitioners and in collusion of Yasin and Mobin the respondent no.3 has lodged the impugned FIR against the petitioners on the basis of an application under Section 156(3) Cr.P.C. after 1-1/2 months of the incident. No medical examination of the victim has been conducted. He next argued that the allegations levelled against the petitioners are absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018/NS