Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 33803 of 2018 Petitioner :- Zaib And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Shahnawaz Shah,Aishwarya Pratap Singh Counsel for Respondent :- G.A.,Amar Jeet Upadhyay
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Syed Shahnawaz Shah, learned counsel for the petitioners, Sri Ashish Tiwari, Advocate, holding brief of Sri Amar Jeet Upadhyay, learned counsel for the private respondent and Sri A.R. Chaurasia, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 25.08.2018, registered as crime no. 572 of 2018, under section 307, 504, 506 I.P.C., P.S. Inchauli, District Meerut.
On going through the FIR, we are satisfied that no case is made out to quash the same. From the perusal of record, it appears that the mediation between the parties has failed. The contents of the report discloses commission of non-compoundable offence that demands investigation. It would also be appropriate to state that prima facie we are also not satisfied that it is necessary to meet the ends of justice to quash the FIR and further that the investigation required to be made shall be abuse of the process.
In light of whatever stated above, we are not inclined to quash the FIR.
The petitioner/s has also prayed for an interim order to stay the arrest during the course of investigation relating to the FIR that is sought to be quashed in this petition for writ. In our opinion, when we are not inclined to grant the main relief sought by the petitioner/s, it would not be appropriate to grant the ancillary relief. Beside that the petitioner/s is/are having an efficacious remedy by way of filing an application under Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) to have anticipatory bail apprehending arrest.
The petitioner/s may avail such remedy if so advised. As there appears to be an interim order passed in this petition by Co- ordinate Bench of this Court on 27.11.2018 staying arrest of the petitioner/s, the same shall remain continue till 10th of August, 2019, provided the petitioner/s move an application before the Court competent as per provisions of Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) on or before 31st of July, 2019.
The petition for writ is disposed of accordingly.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2019 A. Tripathi